The Minns government is set to introduce new laws into New South Wales parliament, so that the power NSW police has to require people to provide access to their digital devices, in order to a facilitate scan and download of their content on execution of a warrant and at threat of prison, is available during more routine arrests, roadside stops and other lawful detentions.
The October 2022-enacted digital evidence access order regime provides that police can obtain a DEAO when executing search and crime scene warrants, and if the subject of the order refuses this, then it’s an offence carrying up to 5 years prison time. And as the section containing this criminal offence notes, this measure overrides the common law right against self-incrimination.
However, once NSW police officers have obtained access to a suspect’s phone, they don’t simply scroll through the owner’s latest social media posts, as rather, they employ a device and software developed by Israeli digital forensics company Cellebrite that once connected to a civilian’s phone downloads its entire content, including all deleted messages and images.
The argument is the DEAO is basically a warrant anyway, it needs to be signed off on by the same authorised officers (magistrates, registrars, etc).
All a warrant does is grant the legal authority to go looking for the device. If a cop sees you filming a murder on your phone and arrests you they can already seize your device without a warrant. So a warrant wouldn’t grant any more authority than the cop already has at that time.