After massive criticism

Cell phone seizure: draft to be revised

Justice Minister Alma Zadić takes the experts' concerns "very seriously".

(Bild: APA/Eva Manhart)

Following massive criticism from the Association of Public Prosecutors, Justice Minister Alma Zadić (Greens) wants to make some changes to the draft for new regulations on the seizure of data carriers such as cell phones. The review period will also be extended.

Representatives of judges and public prosecutors as well as lawyers had recently criticized the short review period of only two weeks for the draft amendment to the Code of Criminal Procedure. The public prosecutors also had massive objections to the planned organizational separation of the processing and evaluation of cell phone data. This is to be carried out by the criminal investigation department, which will have to create its own organizational units for this purpose.

Symbolic image

(Bild: P. Huber)

The division appears questionable, as both parts would report to the respective department heads, the state police directorates and ultimately the Minister of the Interior. The public prosecutors have doubts as to whether the new regulation can be reconciled with the Federal Constitution and the Code of Criminal Procedure. According to this, the public prosecutor's office has to lead the investigation proceedings, it decides independently on investigations by the criminal investigation department or carries them out itself. 

"Drastic delay in proceedings" feared
There are fears of "a drastic delay in proceedings" because it is not possible for the public prosecutor's office to check the relevance of the data carriers before they are secured. It would also no longer be possible for the public prosecutor's office to check whether the desired data has been fully backed up and processed.

The judiciary fears a "drastic delay in proceedings"

(Bild: P. Huber)

Particularly in urgent cases such as a rampage, terrorist attack, hostage-taking, organized drug trafficking or murder, valuable time is lost before the investigating authorities have the necessary data at their disposal and there is a risk of evidence being lost, warns the professional association. 

The new regulation had become necessary due to a ruling by the Constitutional Court. According to the Supreme Court, the current legal situation violates the right to privacy and the Data Protection Act - which is why the relevant passages were repealed from January 1, 2025.

Decision no longer possible in July
"For four and a half years, even in times that were not always easy, I worked to strengthen and safeguard the rule of law," said Zadić. "I therefore take the experts' concerns very seriously. I am sure the ÖVP does too," said the minister. However, a planned decision in July will probably no longer be possible, even if Constitutional Minister Karoline Edtstadler (ÖVP) continues to assume this.