As reported, shortly before Christmas the Constitutional Court ordered the government to introduce a new law to tackle the seizure of data carriers. In the future, mobile phones, among other things, may only be seized for good reasons and after judicial approval. However, Minister of Justice Alma Zadic (Greens) points out that this requires significantly more judges.
“Since the VfGH ruling requires judicial approval when confiscating mobile phones, we will have to expand our newspaper service,” Zadic emphasized in an APA interview on Friday. A regulation must be introduced quickly so that there is legal certainty. Discussions have already been held with all stakeholders and the professional association.
According to the VfGH, it is not possible to separate the seizure of the mobile phone as previously handled and the evaluation of the data only with the approval of the court, Zadic said. In the frequent cases where danger threatens, one must therefore respond by expanding the journalistic services of the judge.
“I think it is important that we have a regulation that, on the one hand, takes into account the requirements of the Court and on the other hand does not hinder investigative work, for example in cases of cybercrime or child pornography,” the judge said. Green politician.
There is a risk of removal by suspects
“The main case applicable is not the well-known political proceedings – there were court-approved searches,” Zadic said. “A classic case is when the police arrest someone as part of a drug-related crime, take away the mobile phone, take photos of incriminating chats and then send them to the public prosecutor, similar to cyberbullying,” the minister continued. If there are no security options, there is a risk that the suspect will delete incriminating data. It must also be possible to exploit accidental finds – without further approval from a judge.
Monitoring courier services is likely unconstitutional
Zadic cannot imagine that the supervision of courier services, called for by Interior Minister Gerhard Karner (ÖVP), is constitutional. “The Constitutional Court has shown in its most recent ruling how particularly important the right to privacy is for the Court. Even if there is a concrete suspicion of a crime and a specific suspect, seizing it without judicial approval is too drastic.” This makes unprovoked mass surveillance without specific suspicion even less possible. “It’s going to be difficult.”
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
