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In Saunders v United Kingdom the ECHR said that the right to not self-incriminate "does not extend to the use in criminal proceedings of material which may be o
by rnhmjoj 4y ago
In Saunders v United Kingdom the ECHR said that the right to not self-incriminate "does not extend to the use in criminal proceedings of material which may be obtained from the accused through the use of compulsory powers but which has an existence independent of the will of the suspect".
Even if the evidence is not properly encrypted, in which case you could argue the data is indistinguishable from randomness and does not exist unless it's decrypted, a password would likely fall under a similar category.
- AdrianB1 4y agoIf I understand correctly Saunders vs UK, if you killed someone and hide the body you have to show the body when you are asked to, even if you are just suspected and not confessed. The phone and the body is the parallel here, they suspect there is something in the phone so you have to produce proof of guilt - that is exactly self-incrimination.