Police Can Only Search Phones of Arrested Individuals Under Warrant: Fiji Official

Fiji's Permanent Secretary for Policing, Berenado Daveta, has sought to clarify public concerns surrounding a proposed provision in the Police Bill that would allow police access to mobile phones. Critics have voiced worries that the bill could infringe on privacy and human rights by permitting warrantless searches of personal devices.

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I’m not sure whether it’s an unwarranted search. I think it’s a search under warrant to be able to access information which could be evidence against somebody who has been involved in drug trafficking.

Daveta stressed that the provision is not intended for random searches of the public's phones. "I'm not sure whether it's an unwarranted search. I think it's a search under warrant to be able to access information which could be evidence against somebody who has been involved in drug trafficking," he explained.

He emphasized that police would only be permitted to access information stored on mobile devices belonging to individuals who have already been arrested. "Otherwise, no one has the right just to pick up anybody’s phone. And I think there is a misinterpretation going on on this," Daveta stated. The access would be strictly for evidentiary purposes, to gather information that can be presented in court.

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Otherwise, no one has the right just to pick up anybody’s phone. And I think there is a misinterpretation going on on this.

"It’s the phones of those who have been arrested under warrant that police will have to access the information in the phones for the purpose of evidence to be presented in court," he added. This clarification aims to address the debate over the bill's implications for law enforcement powers and the fight against drug-related crime, while assuring the public about privacy protections.

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It’s the phones of those who have been arrested under warrant that police will have to access the information in the phones for the purpose of evidence to be presented in court.