SEARCH AND SEIZURE OF CELL PHONES: PRIVACY ISSUES

Abstract

Technological progress, alongside with the simplification of daily life, facilitates the opportunity to access personal information, creates risks of unauthorized intrusions in private life and raises new questions regarding the limits of permitted intervention in a person’s privacy by the state.

Digital information gains more and more importance and has specific concern with reference to the investigatory information and acquires essential usefulness for modern investigations. There is no doubt that the right to search is a major component of any criminal proceeding. However, the above-mentioned requires clear and detailed regulation of the authority of the rights of the investigative bodies regarding search and seizure of electronic devices, in order to meet the requirements of foreknowledge set for the legislation and established unified administrative practice.

In this article, we will demonstrate some problematic aspects of the right to privacy in relation to the search and seizure of cell phones during the detention.