Unlocking the Meaning of the Privilege against Self-Incrimination for Biometrically Secured Smartphones

D. A.G. van Toor; G. Pesselse

doi:10.1163/15718174-bja10064

Unlocking the Meaning of the Privilege against Self-Incrimination for Biometrically Secured Smartphones

Research output: Contribution to journal › Article › Academic › peer-review

Abstract

In this article, in response to Zontek’s research, it is examined whether the case-law of the ECtHR indeed gives rise to the conclusion that the forced unlocking of an electronic data carrier would constitute a violation of the privilege against self-incrimination. The authors concludes that this is not the case: when law enforcement authorities use light physical force, the ECtHR will not be able to establish a violation.

Original language	English
Pages (from-to)	285-301
Number of pages	17
Journal	European Journal of Crime, Criminal Law and Criminal Justice
Volume	33
Issue number	3
DOIs	https://doi.org/10.1163/15718174-bja10064
Publication status	Published - Sept 2025

Bibliographical note

Publisher Copyright:
© D.A.G. van Toor and G. Pesselse, 2025.

Keywords

biometrics
privilege against self-incriminating
unlocking smartphones

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10.1163/15718174-bja10064Licence: CC BY

Unlocking the Meaning of the Privilege against Self-Incrimination for Biometrically Secured SmartphonesFinal published version, 416 KBLicence: CC BY

Cite this

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Unlocking the Meaning of the Privilege against Self-Incrimination for Biometrically Secured Smartphones

Abstract

Bibliographical note

Keywords

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