The laws surrounding 5th Amendment protections and biometric passwords are still undecided, so just turn it off.

Are there any legal experts that want to weigh in on this.

Can the police in New Zealand force unlock your device with your biometrics?

How does this work with NZ law?

  • liv@lemmy.nz
    0·
    1 year ago

    I’m not a legal expert but as far as I know if the police are arresting you they can compel this in New Zealand. There is no difference in unlock methods. People get charges for not complying.

    This page seems to back this up but it is old.

    • Dave@lemmy.nzM
      0·
      1 year ago

      It links to the legislation which seems to support it:

      A person exercising a search power in respect of any data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data.

      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:

      178 Offence of failing to carry out obligations in relation to computer system search

      Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to assist a person exercising a search power when requested to do so under section 130(1).

      However, section 130 (2) says:

      A specified person may not be required under subsection (1) to give any information tending to incriminate the person.

      But clarifies in 130 (3):

      Subsection (2) does not prevent a person exercising a search power from requiring a specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person.

      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 🙂)

        • liv@lemmy.nz
          0·
          1 year ago

          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?

  • hemko@lemmy.dbzer0.comEnglish
    0·
    1 year ago

    IANAL but this seems to be pretty common all across the world. The usual recommendation is to put your phone in “lockdown” mode if there’s any suspicion you may get arrested. This prevents the phone from being unlocked with biometrics and require pin.

    You can do this either by restarting or turning off your phone, or a button combination (power + volume up on my android) and selecting lockdown.