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Unlocking your phone for the police

The police ask you to unlock your phone. Ask which action is meant: telling a code, using a finger or facial recognition. These situations are not necessarily the same legally.

Duration: 1:31

Further reading and sources

This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

The police ask you to unlock your phone. Ask which action is meant: telling a code, using a finger or facial recognition. These situations are not necessarily the same legally.

Ask what authority the request or action is based on. Discuss this with your lawyer. Do not draw a general conclusion from a loose internet statement about a different method of unlocking.

Jurisprudence regarding a fingerprint does not automatically answer the question of whether you must provide a remembered access code. Let the lawyer assess the specific act and circumstances.

Even after unlocking, the extent of the data search remains a separate question. Discuss which data will be examined and what permission or assessment is required.

Write down as accurately as possible what was asked and what happened. Keep your own observations and assumptions apart. Do not change or delete data to influence the investigation.

Ask your lawyer which questions about access, data search and seizure should be assessed separately. A general appeal to privacy does not replace that concrete assessment.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Supreme Court, February 9, 2021, ECLI:NL:HR:2021:202: biometric unlocking in concrete circumstancesOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2021:202
  2. Supreme Court, March 18, 2025: tightened framework after CG/LandeckOpens in a new tabhogeraad.nlhttps://www.hogeraad.nl/actueel/nieuwsoverzicht/2025/maart/hoge-raad-stelt-aanleiding-zaak-landeck-eigen-rechtspraak-punt/
  3. Supreme Court, March 18, 2025, ECLI:NL:HR:2025:409: data research and preliminary assessmentOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2025:409
  4. Police: the task of a lawyer before and during the interrogationOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/wat-is-de-taak-van-de-advocaat-van-de-verdachte.html
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