this post was submitted on 27 Apr 2024
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It links to the legislation which seems to support it:
Effectively, if the police search is otherwise legal, then they can compel you to unlock your phone. If you don't, you can get up to 3 months in prison:
However, section 130 (2) says:
But clarifies in 130 (3):
So basically, if the data used to unlock your phone can incriminate you, you don't have to provide it. But that doesn't protect you from incriminating evidence on your phone.
So I guess the moral of the story is that if you're a drug dealer, make sure your phone password is "ImADrugDealer" and then you can't be forced to provide that information. But I guess they can force you to unlock it without telling them the password? so I'm not sure what section 130 (2) had in mind.
(I'm also not a legal expert ๐)
The moral of the story to me is leave your smartphone at home and just bring a dumbphone if you think you could be arrested.
My dumbphone has a broken key and it is infuriatingly hard to unlock though so it might antagonize them.
Haha I think it's probably best not to antagonise the police if you can help it!
Exactly!
It antagonizes the people in my life; that's bad enough.