The upcoming New Year holidays are a time of vacations and travel to new countries. In this regard, our criminal defense attorneys, Tatyana Nozhkina and Andrey Grivzov, have prepared recommendations that will help safeguard your right to the confidentiality of communications and to privacy if, during passport control, border officials require you to submit your mobile phone for inspection.
Key recommendations:
1. The Russian Constitution guarantees every person the confidentiality of communications and the protection of private life. Law enforcement officers have the authority to conduct a visual inspection of a device, but a review of the contents of a mobile phone is permissible only with the owner’s consent, and the owner is not obligated to disclose the phone’s password.
2. A search or inspection without the owner’s consent may be conducted only in the following circumstances:
3. If an officer suggest that you voluntarily show your phone, be sure to clarify the reason, the legal grounds, and the statutory provisions on which they rely.
4. Demand that a search (inspection) protocol be prepared, with video recording and in the presence of two attesting witnesses. The procedure should begin only after your rights and obligations have been fully explained.
5. At the conclusion of the inspection, carefully review the protocol, especially if you believe your rights were violated. Be sure to include any comments you may have regarding the contents of the report or the officers’ actions.
Additional Tips:
Why is it important to follow these recommendations?
Following these recommendations will minimize the risk that your constitutional rights are violated and will help protect your privacy and confidential information during passport control.
Key recommendations:
1. The Russian Constitution guarantees every person the confidentiality of communications and the protection of private life. Law enforcement officers have the authority to conduct a visual inspection of a device, but a review of the contents of a mobile phone is permissible only with the owner’s consent, and the owner is not obligated to disclose the phone’s password.
2. A search or inspection without the owner’s consent may be conducted only in the following circumstances:
- within criminal proceedings, meaning that a criminal case has already been initiated against the owner of the phone. In such cases, inspection of the phone may be carried out solely on the basis of a court order;
- within the confines of investigation activities, which likewise require a court order;
- as a counterterrorism measure.
3. If an officer suggest that you voluntarily show your phone, be sure to clarify the reason, the legal grounds, and the statutory provisions on which they rely.
4. Demand that a search (inspection) protocol be prepared, with video recording and in the presence of two attesting witnesses. The procedure should begin only after your rights and obligations have been fully explained.
5. At the conclusion of the inspection, carefully review the protocol, especially if you believe your rights were violated. Be sure to include any comments you may have regarding the contents of the report or the officers’ actions.
Additional Tips:
- remain calm during the inspection;
- do not engage in arguments with border officials and respond politely to their questions, as this may shorten the duration of the inspection if the owner has consented to it.
Why is it important to follow these recommendations?
Following these recommendations will minimize the risk that your constitutional rights are violated and will help protect your privacy and confidential information during passport control.