New cell phone security: ÖVP and Greens Reform on the agenda!

New cell phone security: ÖVP and Greens Reform on the agenda!

Österreich - The Budget Committee of the National Council adopted a reform package for the much discussed cell phone safety towards plenum on Monday with a large majority of ÖVP, SPÖ, Neos and Greens. This new regulation has become necessary because the Constitutional Court (VfGH) demands an adjustment by January 1, 2025. Part of the package is also a reform of the Code of Criminal Procedure (StPO), which aims to accelerate the procedures and strengthening victim protection. In the context of this reform, the prior judicial control remains in the confiscation of cell phones and data, which is crucial for the maintenance of fundamental rights, as from 5min.at reported.

New initiative application and rejection of FPÖ proposals

The new regulation separates the cell phone safety as a specific investigation from ensuring other objects. The possibility of ensuring without judicial approval remains in certain cases, for example for material purposes or ensuring data from public space. An application from the FPÖ to organize the data evaluation from the investigating authorities was rejected. This application stipulated that the data should be prepared by the court, which was judged by the majority in the committee as a hindrance to combat crime, as well as by ots.at listed.

The new application also provides for clear rules when data must be destroyed in order to prevent arbitrary storage. Data may only be evaluated up to the specified extent to ensure fundamental rights protection. The reform aims to ensure both law enforcement and to protect the rights of those affected. Minister Johannes Rauch stated that despite the tense budget situation of the judiciary, more resources are needed to meet the requirements. The new regulations are a step towards effective law enforcement and the protection of civil rights.