Rodríguez Lainz, J.L., Article 588 sexies c.4 of the Criminal Procedure Act (LECrim) against new jurisprudence from the ECHR and CJEU on the police examination of mobile telephone device
Rodríguez Lainz, J.L., Article 588 sexies c.4 of the Criminal Procedure Act (LECrim) against new jurisprudence from the ECHR and CJEU on the police examination of mobile telephone devices, Diario La Ley, nº 10644, Doctrine Section, 15 January 2025
In this article, the Magistrate of Investigation Court 4 of Córdoba analyses the impact of the recent jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on police access to mobile devices without judicial authorisation and, with this, digs deeper into how these decisions have moulded the interpretation of fundamental rights in the context of criminal investigation, highlighting the principles of proportionality, necessity and respect for privacy.
