Federal Court of Appeals in Bahia Blanca Confirms Compulsory Biometric Unblocking of a Mobile Phone

This measure was ordered by the Judge of the First Instance Federal Court in Bahia Blanca, in the context of an narcotics related investigation. The judge authorized police personnel to use the “minimum necessary force” to place the defendant’s face in front of the phone.

The defense appealed the decision, arguing it violated the rights to intimacy and privacy and the guarantee against self-incrimination. Nonetheless, the Chamber I of the Federal Court of Appeals in Bahia Blanca rejected the appeal and confirmed the measure ordered by the judge.

In so deciding, the Court considered that unblocking the device did not require the defendant to actively contribute to the investigation, but merely a passive behavior that did not amount to a “degrading or humiliating” treatment.