The Lahore High Court (LHC) has ruled that spying on or extracting data from an individual’s personal mobile phone without court permission is unconstitutional and illegal. In a verdict allowing the appeal of a man convicted of promoting a banned outfit’s agenda, the court emphasized the importance of examining the law regarding extracting information from personal phones during criminal proceedings.
The judgement highlighted the significance of mobile phones in modern life, noting that people virtually live in their phones, communicating with loved ones, making audio and video calls, and sharing both public and private material and messages.
The court likened the phone to a home, emphasizing that every relation and private matter kept within the confines of one’s house is constitutionally protected.
The court recognized the wide range of human interests and exploration, including religion, Sufism, ideology, politics, art, culture, customs, literature, music, poetry, history, business, and sports. It stated that the law does not prohibit individuals from seeking knowledge and exploring these subjects through books, websites, or correspondence with scholars.
The judgement established that any information a person wishes to keep secret on their phone cannot be extracted without consent or as directed by the law, as the privacy of the home is subject to legal protection. It affirmed that the right to privacy, as a fundamental constitutional right, takes precedence over any conflicting provisions of domestic law.
The court highlighted the requirement for a court’s intervention when acquiring data from an information system or seizing articles containing such data, either through obtaining a warrant or notifying the court within 24 hours after seizure.
It further stated that when a mobile phone is recovered from a suspect and data retrieval is essential for criminal investigation, permission from the concerned court, with strict regard to privacy rights, is necessary.
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