Human Rights Commission: "Search of Mobile Phones Must Comply with Legal Procedures"

[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission of Korea stated that the act of investigative agencies seizing electronic information from a suspect's mobile phone and returning the phone after a long delay without notifying the list of information violates constitutional procedures.

On the 12th, the Human Rights Commission warned and cautioned the investigators and prosecutors who conducted the investigation at the A Provincial Prosecutors' Office, and recommended that job training be conducted for affiliated staff to prevent recurrence. The complainant, Mr. B, was urgently arrested by an investigator (the respondent) belonging to the A Provincial Prosecutors' Office last November on suspicion of violating the Narcotics Control Act. The complainant claimed, "Although the investigator seized the mobile phone and conducted digital evidence analysis, they did not provide a detailed list in accordance with Article 219 of the Criminal Procedure Act." He also stated that the respondent did not return the mobile phone for a long time even after the evidence analysis was completed.

In response, the respondent argued, "Since there was no new electronic information to be used as evidence, the detailed list was not provided." However, the Human Rights Commission stated, "Electronic information that no longer needs to be preserved among the electronic information secured through digital evidence analysis must be deleted or discarded without delay," and "It was confirmed that the respondent copied the electronic information onto a CD and attached it to the case record without deleting or discarding it." The Commission also pointed out that if investigative agencies retain electronic information from mobile phones without following proper legal procedures, there is a possibility that such electronic information could be leaked to related parties during the process of viewing or copying case records. Regarding the failure to return the mobile phone, the Human Rights Commission stated, "The respondent failed to prove that the complainant gave voluntary consent to continue holding the mobile phone."

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