The woman, whose phone was seized by police to investigate a fatal beating in West Belfast, has filed a lawsuit in the High Court seeking to prevent her personal data from being downloaded.
He questions the legality of the decision to access content stored on his device as part of the investigation into the collision that killed Richard Gerard Boyle.
Mr. Boyle, 42, was reportedly hit by a car on February 5 last year while a dog was walking along Stewartstown Road. A Danish man later died in hospital.
At least five people were arrested in connection with the incident and subsequently released with pending complaints.
In October, police raided the home of a woman in West Belfast and confiscated her phone.
He was not suspected of being involved in the incident and his name was not given for legal reasons.
But his lawyers say investigators believe the device may contain information about the movements of a detainee during the investigation.
A lawsuit has already been filed against PSNI over plans to hijack mobile phones (MPE).
Police and other authorities use this process to download content and personal data from phones.
The woman says this violates her right to privacy and family life, which is protected by Article 8 of the European Convention on Human Rights.
By stating that there is no legal license to access the information, it is also claiming a data protection law violation.
The case was quickly investigated the following month for a full review by the Supreme Court to first determine whether anything could be downloaded from the phone.
The lawyer representing the woman expected it to have an additional impact on the thousands of other devices found in Northern Ireland.
Owen Petty, a spokesperson for KRW Law, said, “We argue that the lack of strict police safeguards in removing personal data from mobile phones is illegal.
This challenge will raise broader questions regarding police policy, not only in this case but also during police investigations in this jurisdiction.
Source: Belfastlive
Tim-32Brown is a distinguished writer for TodayTimesLive, known for his exceptional talent in article writing. With a keen eye for detail and a gift for storytelling, Tim crafts engaging and informative content that resonates with readers. His contributions reflect a deep-seated passion for insightful journalism and a commitment to delivering high-quality articles.
