Audio By Carbonatix
Lawyer and Vice President of IMANI Africa, Kofi Bentil, has cautioned the public against surrendering access to their mobile phones to the police without a court order.
Speaking on JoyNews' Newsfile on Saturday, he said the police do not have the legal authority to access the contents of a suspect’s phone or demand their password simply because the person has been arrested.
Mr Bentil stressed that investigators who wish to search or access the contents of a suspect’s phone must first obtain the appropriate authorisation from a court.
“Even if you are arrested, the police don't have the right to access your phone or demand your passwords. If they want to do that, they should go and get a court order,” he said.
He explained that phones often contain sensitive personal and third-party information, including financial, medical and professional records, which could be exposed if law enforcement officers gain unrestricted access.
“Your phone is your vault. Your money is there. Your private information is there. Your health information is there. All kinds of things are there. And you could even have third-party confidential information on your phone,” he said.
Mr Bentil used the example of a medical professional who may have confidential patient information stored on a phone for legitimate professional purposes, warning that unrestricted access could expose private information belonging to people who are not connected to an investigation.
He therefore advised members of the public to distinguish between physically surrendering a phone and providing the password required to access its contents.
“If they physically take the phone, you have the right not to give them your password and insist on it. They need a court order in order to access your phone,” he said.
Additionally, he noted that citizens are legally entitled to record police officers carrying out their duties in public, adding that "it is not a crime."
According to Mr Bentil, police officers should therefore not prevent members of the public from recording their activities in public spaces, seize their phones, demand passwords or compel them to delete recordings.
“It is not lawful for the policeman, one, to stop you, two, to take your phone, three, to ask you to delete anything, or to request that you submit your password,” he said.
His comments come amid renewed debate over the protection of privacy rights and the powers of law enforcement agencies in relation to mobile phones and digital evidence.
Latest Stories
-
3.9 metric tonnes of cocaine bust in France a national embarrassment to Ghana – Kofi Bentil
6 minutes -
Kofi Bentil questions Mahama’s meetings with security officials over cocaine shipment linked to Ghana
10 minutes -
GES orders SHS heads to stop unauthorised charges, warns of sanctions
11 minutes -
Police’s conflicting identities for ‘Ghana Jollof’ embarrassing – Lawyer for remanded nurse
34 minutes -
Ghana Jollof case: Nursing officer’s lawyers challenge remand, seek High Court bail
38 minutes -
Kofi Adams clarifies government’s position on funding supporters for major tournaments
40 minutes -
University of Ghana athletes return from 12th FASU Games after medal success in Cairo
48 minutes -
Police cannot access suspect’s phone without court order – Kofi Bentil
1 hour -
Insults are not crimes; we must distinguish them from criminal offences – Kofi Bentil
2 hours -
‘Ghana Jollof’ case: Why continue to use remand to punish people? – Vera Addo
2 hours -
Ntim Fordjour accuses gov’t of selective enforcement in ‘Ghana Jollof’ case
2 hours -
Barker-Vormawor urges courts to scrutinise rights violations in ‘Ghana Jollof’ case
2 hours -
Ghana Jollof Case: Does section 208 of criminal code only apply to NPP? – Ntim Fordjour questions
2 hours -
Defence Committee to haul CID boss before Parliament over social media cases – Ntim Fordjour
2 hours -
Ntim Fordjour calls on clergy, civil society to rise against perceived selective application of law
2 hours