Centro de Documentação da PJ
Analítico de Periódico
CD 371
Smartphone decryption via forced fingerprinting and the right against self-incrimination [Recurso eletrónico] : the German federal court (BGH) addresses the problem / Javier Escobar Veas
Computer Law & Security Review, Vol. 59 (November 2025), 7 p.
Ficheiro de 487 KB em formato PDF.
ACTUAÇÃO POLICIAL, BIOMETRIA, DACTILOSCOPIA, IDENTIFICAÇÃO DE SUSPEITOS, TELEFONE MÓVEL, ESTUDO DE CASOS, ALEMANHA
Due to their storage capacity and evidentiary potential, smartphones are often seen as key sources of evidence in criminal investigations. In March 2025, the German Federal Court addressed the question of whether compelled smartphone decryption through forced fingerprinting violates the right against self-incrimination. During a search and seizure operation, the police forced the defendant’s right index finger on the fingerprint sensors of two smartphones to unlock them. The Court ruled that no violation had occurred, as the police did not require the defendant’s active cooperation. This note examines the BGH’s reasoning and situates it within the comparative debate. The note argues that the decision is relevant because it affirms the “active cooperation” approach and avoids the problematic distinction between testimonial and physical evidence. Compared with the approaches of the European Court of Human Rights and the United States Supreme Court, the BGH’s framework offers greater clarity and predictability, as well as broader protection.
