Stricter rules for cell phone acceptance: judicial approval now mandatory!

Stricter rules for cell phone acceptance: judicial approval now mandatory!

Laimgrubengasse 10, 1060 Wien, Österreich - On December 11, 2024, there was a significant decision in the National Council, which could fundamentally change the rules for the confiscation of mobile phones and data carriers. With the votes of the ÖVP, SPÖ, Greens and NEOS, a change in criminal procedural law was decided, which was urgently necessary after the Constitutional Court (VfGH) had requested a new regulation by the end of 2024. According to FPÖ Justice spokesman NABG. However, Harald Stefan could face the new law before the VfGH is re -canceled, since it does not meet all the requirements that the Court has set up. These concerns relate in particular to the protection of sensitive data from accused that have been recorded in the past.

Important changes in cell phone confiscation

The VfGH decided that in the future every confiscation of a mobile phone requires the approval of a judge. This means that there must be a specific suspicion and the type of crimes must be clearly defined. At the same time, the Court of Justice called for data minimization, so that only the necessary information may be recorded. However, the FPÖ criticized the fact that today's new regulation implemented judicial approval, but does not meet the other requirements of the VfGH and inadvertently protects the sensitive data. The confiscated data could continue to remain with the public prosecutor and not be evaluated by the court, which, according to Stefan, leads to a potential violation of the rights

The FPÖ has long emphasized the need to participate in the creation of a constitutional law and call for cooperation with other parties. According to the FPÖ constitutional spokeswoman NABG. Susanne Fürst is appropriate to consult a judge in such serious interventions in fundamental rights in order to strengthen the legal protection and the rights of the accused. "Ensuring a mobile phone is like a big listening framework," said Stefan, pointing out that the confiscation not only stored not only relevant, but also private and non -relevant data, which has already led to abuse in the past. This requires an urgent need for action and closer cooperation in the legislative process, such as the FPÖ emphasized.