German Federal Court of Justice approves forcible use of fingerprint to unlock smartphone

Authorities face mounting challenges accessing data on seized smartphones. In this case, during a court-approved raid, police unlocked devices by forcibly using the suspect’s fingerprint. The BGH ruled such action lawful under certain conditions.

According to the BGH, using a suspect’s fingerprint—treating their body as a “natural key”—does not violate the nemo tenetur principle protecting against self-incrimination. Section 81b of Germany’s Criminal Procedure Code allows for the use of fingerprints and similar measures necessary for investigations.

The BGH outlined two requirements: a court-approved search to seize the device, and a proportionate forced unlocking supported by evidence that the device was used in criminal activity.

The court found this practice aligns with EU Directive 2016/680/EU, provided measures are lawful, serve a legitimate purpose, and are proportionate.

This controversial decision may influence future cases involving other security measures, such as Face ID, as courts grapple with balancing privacy rights and effective law enforcement.