New law grants police powers to unlock ‘bometric’ mobile phones

IphoneIphone:Photo: pixabay.com

On July the 1st, a change in criminal law will come into force, allowing police to unlock electronic equipment.

Previously, the police did not have the opportunity to order the opening of phones that are locked with biometric fingerprinting, which was something that they wanted.


When the case came before the Supreme Court last year, it was judged that there was no legal basis in the Criminal Procedure Act that allowed it.


Now parliament have adopted a change in the Criminal Procedure Act, which from July the 1st, allows the police to use physical power to open phones that are locked with so-called biometrics (fingerprints, iris recognition, and other features).


‘In criminal cases, the content of mobile phones and tablets can often be decisive. These are shut more and more often with biometric locks. Therefore, it’s important that the police have access to computer systems which are opened by biometric authentication, if necessary, by force,’ said Per-Willy Amundsen, Deputy Justice Minister, in a press release.

Previously, the police did not have the opportunity to order the opening of phones that are locked with biometric fingerprinting, which was something that they wanted.


When the case came before the Supreme Court last year, it was judged that there was no legal basis in the Criminal Procedure Act that allowed it.


Now parliament have adopted a change in the Criminal Procedure Act, which from July the 1st, allows the police to use physical power to open phones that are locked with so-called biometrics (fingerprints, iris recognition, and other features).


‘In criminal cases, the content of mobile phones and tablets can often be decisive. These are shut more and more often with biometric locks. Therefore, it’s important that the police have access to computer systems which are opened by biometric authentication, if necessary, by force,’ said Per-Willy Amundsen, Deputy Justice Minister, in a press release.

Previously, the police did not have the opportunity to order the opening of phones that are locked with biometric fingerprinting, which was something that they wanted.


When the case came before the Supreme Court last year, it was judged that there was no legal basis in the Criminal Procedure Act that allowed it.


Now parliament have adopted a change in the Criminal Procedure Act, which from July the 1st, allows the police to use physical power to open phones that are locked with so-called biometrics (fingerprints, iris recognition, and other features).


‘In criminal cases, the content of mobile phones and tablets can often be decisive. These are shut more and more often with biometric locks. Therefore, it’s important that the police have access to computer systems which are opened by biometric authentication, if necessary, by force,’ said Per-Willy Amundsen, Deputy Justice Minister, in a press release.

Norway is the first Nordic country to introduce the measure.

Law professor, Hans Fredrik Marthinussen, fears that the new law could violate human rights.

‘They talk of quite interventive measures that go against the individuals basic protection against contributing to their own conviction for criminal offenses. It could be a violation of human rights’, said Marthinussen.

The European Convention on Human Rights protects the accused against self-incrimination which contributes to their own conviction. He is uncertain whether the change in the Penal Code is in violation of these conventions.

‘Most useful lawyers will challenge this as soon as the police take action, and it’s not expected that this change in the law will happen in the future.’-

Norway is the first Nordic country to introduce the measure.

Law professor, Hans Fredrik Marthinussen, fears that the new law could violate human rights.

‘They talk of quite interventive measures that go against the individuals basic protection against contributing to their own conviction for criminal offenses. It could be a violation of human rights’, said Marthinussen.

The European Convention on Human Rights protects the accused against self-incrimination which contributes to their own conviction. He is uncertain whether the change in the Penal Code is in violation of these conventions.

‘Most useful lawyers will challenge this as soon as the police take action, and it’s not expected that this change in the law will happen in the future.’

Norway is the first Nordic country to introduce the measure.

Law professor, Hans Fredrik Marthinussen, fears that the new law could violate human rights.

‘They talk of quite interventive measures that go against the individuals basic protection against contributing to their own conviction for criminal offenses. It could be a violation of human rights’, said Marthinussen.

The European Convention on Human Rights protects the accused against self-incrimination which contributes to their own conviction. He is uncertain whether the change in the Penal Code is in violation of these conventions.

‘Most useful lawyers will challenge this as soon as the police take action, and it’s not expected that this change in the law will happen in the future.’

 

Source: NTB scanpix / Norway Today

Be the first to comment on "New law grants police powers to unlock ‘bometric’ mobile phones"

Leave a comment

Your email address will not be published.


*