New Law on Cellification: judicial approval required!
New Law on Cellification: judicial approval required!
Laimgrubengasse 10, 1060 Wien, Österreich - The Austrian National Council has adopted an important legislative package to the new regulation of ensuring cell phones and data carriers. The new regulation, which was supported by a large majority of ÖVP, SPÖ, NEOS and GREEN, is urgently required because the Constitutional Court (VfGH) has overturned the previous regulations on January 1, 2025. According to Puls24 , the confiscation of devices will now only be possible with prior judicial approval, which is aimed at protecting the right to privacy.
Details of the new regulation
The new provisions stipulate that data carriers such as cell phones or laptops may no longer be ensured without judicial arrangement. Only certain cases such as ensuring material purposes or in the event of danger are excluded. The reform also includes measures to accelerate procedures and to improve victim protection, such as the possibility of victims, contraindications and immediate inspection. Minister Johannes Rauch from the Ministry of Health emphasized that the reform aims to protect the balance between law enforcement and protection of privacy, so Apa-OTS
In particular, an application from the FPÖ, which claimed a drastic change in the evaluation of the confiscated data by the courts. However, this was rejected by the other parties. Instead of separating the data preparation and evaluation from the investigative authorities, the public prosecutor remains the mistress of the proceedings. This means that the public prosecutor can continue to determine without restrictions under certain conditions, which addresses the previous concerns of the VfGH. Elena Haslinger, President of the Austrian prosecutors, commented on the new regulations as a compromise, but also as a source for additional administrative effort for the prosecutors.
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| Ort | Laimgrubengasse 10, 1060 Wien, Österreich |
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