Do the police have the right to seize people's phones? If yes, in what cases can phone information be seized and checked?

A mobile phone is a personal device that stores personal information managed and used by the individual user. Recently, there was a case where a girl was invited by the police to the office, then confiscated her phone and asked for a password.

Through this, I want to ask if the police have the right to seize people's phones? If yes, in what cases can phone information be seized and checked?

When can the police seize the phone?

Answer:

 Question from Mr. Nguyen Thanh Trung does not specify the specific situation in which case, so the Ministry of Public Security cannot answer specifically. However, for the question: “Do the police have the right to seize the phone? If possible, in what cases can phone information be confiscated and checked?”, the Ministry of Public Security replied as follows:

Police agencies have the right to temporarily seize, seize and check citizens' phones if such phones are evidences of administrative violations; is evidence of a criminal case; related to the violation of the law (administrative, criminal). The seizure and seizure of phones must be grounded and comply with the provisions of law. Citizens have the right to complain and denounce if the seizure and seizure of phones is not against the law.

Cases in which citizens' phones can be seized and checked:

- According to article 87; 99 of the Criminal Procedure Code, a mobile phone is an electronic data because the telephone is a means of storing letters, numbers, images, sounds or the like that is created, stored, transmitted or received by electronic means.

Electronic data is one of seven sources of valuable evidence proving crimes and other violations of the law. The Public Security Authority has the right to seize electronic data (mobile phones) under Article 88; 89; 90; 107, 196 The Criminal Procedure Code aims to: Detect and prevent criminal acts; collect and consolidate documents and evidences to prove criminals and offenders; collect documents related to the settlement of the case or to ensure the execution of judgments or penalties.

According to Article 196 of the Criminal Procedure Code, the process of seizing electronic data (mobile phones) may result in the seizure of attached peripheral devices and related documents, so asking the device owner to Electronic data password provider is completely legal in order to exploit, check, verify, collect information and data related to the case being resolved.

- In addition to seizing and checking mobile phones according to the Criminal Procedure Code, the police agency can seize and check mobile phones according to the provisions of the Law on Handling of Administrative Violations in case of preventing prevent violations, prevent the dispersion and destruction of material evidences; verify violations or ensure the handling of administrative violations.