Forced Biometric Access on Smartphones: It's Potentially Legal to Require Fingerprint Authorization - Cell phone fingerprint unlocking in court may be permitted by law
Forced Unlocking of Smartphones via Fingerprint Allowed under Certain Conditions, According to German Federal Court of Justice
In a landmark ruling, the German Federal Court of Justice (BGH) has acknowledged that compulsory unlocking of smartphones using biometric data, such as fingerprints, can be lawful in specific scenarios, particularly in investigations related to child pornography.
A former educator, previously convicted for producing child pornography, was found to be working as a babysitter despite a lifetime ban from his profession. During the investigation, police discovered two smartphones at his residence after obtaining a search warrant. As the man refused to unlock the devices, the police resorted to placing his finger on the sensors, leading to the discovery of child pornographic material.
The defense argued that the data recovered should not be admissible as evidence. However, the BGH immediate and recent ruling, initially made in March but only recently published, categorically disagreed. The Court reasons that under certain conditions, forced unlocking can be considered permissible.
In this context, the BGH considers cases of strong public interest, such as child pornography investigations, as sufficiently important to justify the forced unlocking. Proportionality is a critical factor, with the measure not being deemed excessive in relation to the severity of the crime and the importance of evidence.
The case is reminiscent of a judgment from the Higher Regional Court of Bremen in January, in which a similar decision concerning the search for distributing child pornography was rendered.
Jurist Knauer, Chair of the committee on criminal procedure law at the Federal Bar Association, has voiced criticism. He expresses a need for the legislature to create its own legal basis for this procedure. "The law must provide clear guidance in these complex matters to ensure the protection of individuals' rights and the effective pursuit of justice," Knauer stated to "Der Spiegel."
While the question of compulsory submission of passwords or PINs remains a distinct issue, the use of biometric data, such as fingerprints, grants courts more latitude to establish proportional measures. As the BGH has recognized, resorting to such means must not encroach on the individual's human dignity, as enshrined in the German Basic Law and the European Convention on Human Rights.
- The German Federal Court of Justice (BGH) has deemed that under specific conditions, including cases of strong public interest such as investigations related to child pornography, the compulsory unlocking of smartphones using biometric data, like fingerprints, can be legally justifiable.
- The BGH's ruling allows for the forced unlocking of smartphones to be considered permissible when considered proportionate, meaning the measure is not excessively intrusive compared to the severity of the crime and the importance of evidence.
