Securing cell phones

Lawyers: “A half-hearted compromise”

The seizure of cell phones by the authorities is currently undergoing a reform. But whether this will hold is questionable.

(Bild: APA/HERBERT PFARRHOFER)

The Turquoise-Greens have agreed on a reform of data carrier backups after all. But there is some fierce criticism. Lawyer president Armenak Utudjian believes that the construct will soon end up back at the Constitutional Court.

In the last few meters of a tough government marathon that lasted years, the ÖVP and the Greens were still able to reach an agreement on a new regulation ordered by the Constitutional Court (VfGH) regarding the seizure of data carriers. It has not sparked a storm of enthusiasm - especially not among lawyers.

"Contradicts the requirements of the Constitutional Court"
"The agreement is a half-hearted compromise and does not include the personnel and organizational separation of the processing and evaluation of the seized cell phone data, as urgently demanded by the lawyers. This contradicts the requirements of the Constitutional Court", says Armenak Utudjian, President of the Austrian. Bar Association in an interview with the "Krone".

Armenak Utudjian and his fellow lawyers are sharply critical of the policy and have drawn up a comprehensive list of demands.

(Bild: Lukas Lorenz)

It's about the principle of separation. "The forensic analyst must not be the one who processes the data." It must be precisely defined for which reasons which data is important in which period of time. Without this separation, virtually nothing would change in the status quo. And the so-called "accidental finds" on data carriers, which lead to ever new criminal proceedings, are still present. See the numerous and difficult-to-manage proceedings that have popped up after Ibiza in recent years and are far from over. And the public prosecutor's office remains "master of the proceedings".

Missed opportunities
Utudjian assumes that this new regulation will also end up before the Constitutional Court very soon. After all, the Supreme Court has just demanded a change. And found that the current legal situation violates the right to privacy and data protection. Utudjian: "I think it is regrettable that the opportunity for a constitutionally sound solution has been missed and that the rights of those affected are still not sufficiently protected." Incidentally, this is also a central point in the comprehensive list of demands that the lawyers have addressed to the alleged Zuckerl coalition.