Access to the content of SMS correspondence in an impounded mobile phone in connection with a criminal case

Abstract

SMS correspondence stored in telecommunications equipment, can provide important evidence in a criminal case. In accordance with the Telecommunications Law, it must not be recorded by a telecommunications company without a court order. Obtaining court’s approval for controlling and recording SMS correspondence does not allow access to the earlier correspondence as the court order issued to the telecommunications company causes the ex nunc effect. Earlier correspondence may only be accessed by referring to the memory of the device that belongs to the sender or the receiver of the text message. The article summarises the study which aimed to determine the scope of protection of the SMS correspondence content stored in the memory of the terminal telecommunications equipment which was impounded for a criminal case. The research focused on the scope of data protection in connection with the legislation that allows the authorities to obtain the content of correspondence in connection with gathering evidence in a criminal case