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17.02.2020
AUTHOR: BARRISTERS

The attorney explained why the password on the smartphone is more reliable than touch identification

The attorney explained why the password on the smartphone is more reliable than touch identification.

A complex password on your phone is more effective than a fingerprint or face lock, as such identification is easily unlocked if the person is physically controlled by law enforcement officials.

How to identify and resist the illegal covert investigative measures – has been talked about by Olexander Shadrin, attorney, partner of Barristers Law Firm, at the lecture «Covert investigative measures. The procedure for authorization. «Forward counteraction» within the block «Search and other investigative actions» of Criminal Practice course of Legal High School, reports «Law and Business».

As far as the definition of the covert investigative measures set out in the specialized statute and the Code of Criminal Procedure of Ukraine (hereinafter – «the CCP») does not give a clear understanding of what it is, in what cases it is applied and how far it is legitimate, there is no clear answer to the question how to counter such actions.

Herewith, both the CCP and the Law of Ukraine on Detective operations establish the procedural opportunities of the prosecution, but not the defense.

The problem is that the legality of conducting of covert investigative measures is presumed by the law, however cases of abuse of such opportunities are widespread, and the lecturer faced with similar situations in personal practice and gave examples thereof.

Olexander Shadrin briefly told about the different types of covert investigative measures, having noted typical violations when such measures are applied, and discussed the issues of access to mobile phone data.

Unfortunately, wiretapping has become a commonplace, despite the fact that courts often refuse to allow its use. Things are even more complicated if the detainee’s phone falls into the hands of law enforcement officers.

On the one hand, if a person knows that someone has access to his/her data, that is not about covert investigative measures. On the other hand, if a person has not granted access, covert investigative measures shall be authorized by court after supplying relevant motions. «The trend is to get temporary access to data on one’s phone»,  –  said the attorney.

In this case, the lecturer gave advice. As soon as the investigator or other representative of the prosecution obtains physical access to the telephone, you should declare your unambiguous disagreement with the access to the data stored on the phone.

As far as all investigative actions – detainments, searches – could be conducted with video-record, the oral statement about disagreement should be made loud and clear. The same disagreement should be noted in the minutes of investigative action conducted.

In addition, it is also advisable to set a digital (or alphanumeric) password on your phone (and the harder it is, the better).

Locking means that allow to save data in case a device is lost or stolen, such as identification by face or fingerprint, are easily applied if the person is physically controlled by law enforcement officials.

Notably, lifting the phone to someone’s face is even easier than “forcing” to take a fingerprint, but the second is not rather difficult too.

The most difficult for the defense is to work with the covert investigative measure conducted within counterintelligence operations.

Such motions and court rulings are classified as «top secret», that is why an attorney is able to check only whether it has been authorized by court or not.

Source: BARRISTERS
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