According to a ruling by the Federal Court of Justice, the police are permitted to forcibly unlock mobile phones
According to a ruling by the Federal Court of Justice (BGH), the police are permitted to unlock mobile phones forcibly.
- The police may forcibly unlock smartphones using fingerprint (or facial recognition) if a judicial search warrant has been issued and the measure is appropriate (e.g., in the case of serious crimes). However, you do not have to reveal your password or PIN.
- All smartphone users who intend to secure their devices with fingerprint or facial recognition and who are under suspicion are affected.
- Feeling uncomfortable and want maximum protection? It’s better to use a strong password or a PIN code instead, since any biometric access (finger/face) can be enforced, and you cannot be forced to reveal these.
- The Federal Court of Justice (BGH) distinguishes between the two: placing your finger on the sensor is considered “passive acquiescence” (similar to giving fingerprints), whereas revealing a password is considered “active self-incrimination.”
- This landmark decision by the BGH on March 13, 2025 (Ref. 2 StR 232/24) provides clarity for investigations nationwide.
Source: Federal Court of Justice (BGH Ref. 2 StR 232/24) of March 13, 2025
Copyright: TAXEDO LLP.
