Unlocking the Meaning of the Privilege against Self-Incrimination for Biometrically Secured Smartphones

Abstract

In this article, in response to Zontek’s research, it is examined whether the case-law of the ECtHR indeed gives rise to the conclusion that the forced unlocking of an electronic data carrier would constitute a violation of the privilege against self-incrimination. The authors concludes that this is not the case: when law enforcement authorities use light physical force, the ECtHR will not be able to establish a violation.