Mobile phone encryption as an obstacle in criminal investigation: Review of comparative solutions

Abstract

In detecting criminal offences, the police increasingly rely on electronic evidence. Due to ubiquitous digitization, data in electronic form with probative potential is found in an increasing number of sources. When the competent authorities need to collect potential electronic evidence from mobile phones, they face several normative and practical challenges. One of the important aggravating factors is the full-disk encryption of the device. Although functions of encryption cannot and must not be neglected in the modern digital environment, it has an obstructive role in criminal investigation. The competent authorities often have the appropriate authority to access the contents of a mobile phone, but they lack the technical ability to gain such access and collect data. After explaining the basic principles of encryption of mobile phones, the author analyzes the possible approaches for gaining access to a device protected by encryption, and indicates the possible legal basis for their application.

Keywords

• digital investigation
• electronic evidence
• mobile phones
• encryption