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)
If you have the Mona Lisa in your house then letting the police into your house incriminates you, but the whole point of the search is for them to be able to find it.
I think the right to remain silent was meant to protect us from being tortured, not as a shield to hide things?