Digital strip searches in Australia: A threat to the privilege against self-incrimination

Abstract

Law enforcement has experienced difficulties retrieving information stored on the mobile devices of suspects. Over the last years, a number of Australian jurisdictions enacted legislation that allows police officers to compel an individual to unlock their device (such as providing a PIN or fingerprint to unlock the device). Non-compliance with these legislative provisions is punishable by imprisonment. The refusal by suspects to comply with an order to unlock their devices has been addressed in a number of Australian courts. In this article, the authors will discuss this legislative activity and the courts’ responses in light of the privilege against self-incrimination.