Can the police read my smartphone?

"When I was arrested, the police seized my smartphone. Now the police want access to my smartphone to search or read it. Is that okay?"

This is a question that is often asked of us, not only in cybercrime cases. In all kinds of criminal cases, detectives sometimes want access to the smartphone to search for photos, contacts, location data, Whatsapp messages, text messages, etcetera. As part of the investigation, the police are authorised to seize a smartphone. Because the contents of modern phones are usually encrypted, the police often cannot simply unlock the smartphone.

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Tags | biometric access, digital evidence, coercion, smartphone, read out

How long can someone be detained pending trial?

Many people call us asking how long the police are allowed to detain them or a loved one after the arrest.

When the arrested suspect arrives at the police station, the Assistant Public Prosecutor determines that he will be detained at the police station for investigation, or that he will be released. If the suspect has to stay, in most cases this can be done for a period of nine hours. Within that period, the suspect is heard by the police. The hours between midnight and nine o'clock in the morning do not count. This first part can therefore take up to 18 hours.

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How's a police interrogation going?

If you are interrogated by the police, of course there is a reason. This may be because you have been identified as a witness, but also as a suspect. This blog is about how an interrogation with the police takes place. In most cases you will receive a letter with an invitation for the interrogation before the interrogation. Sometimes it will also tell you what you are suspected of and whether the police intend to arrest you. You may also be questioned after you have already been arrested by the police.

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What's the penalty for hacking?

Hacking can take place in different ways. Someone who accesses someone else's computer, account or network without permission is, in principle, guilty of computer peace (art. 138ab of the Criminal Code). This does not only apply to the complicated hacking of someone else's computer. For example, secretly logging into someone else's e-mail account or Instagram is also a punishable offence. In addition, there are various other criminal provisions, for example on the destruction of someone else's data, the committing of suffocation attacks - (D)DoS-attacks - and stolen computer data.

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Ethical hacking and criminal law

Hacking often involves the intrusion of systems with malicious intent. This form of hacking is definitely punishable. However, there is also hacking with a noble goal, so-called ethical hacking. This is also called white hat hacking, where malicious hackers are given a black hat.

Ethical hackers find vulnerabilities in networks and systems and distinguish themselves by not abusing them, but reporting vulnerabilities directly to the administrator of the system. In this way, the leak can be plugged and the system in question is better protected.

For example, signalling that a database via a form on a website is susceptible to SQL injections can fall under white hat hacking. Other actions fall outside the scope of ethical hacking, such as carrying out a DDoS attack or grossly forcing a system to gain access.

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