Interior Minister Igor Taro (Eesti 200) says that clear rules are needed. These must protect people's privacy. Reviewing the content of smart devices may violate private life.
Taro says that a smart device contains a lot of personal information. For example, conversations, photos, and movement data. Therefore, a court warrant is needed, as with a home search.
The Ministry of the Interior recommends using the same rules that apply to searches. Court oversight should be mandatory.
Taro emphasizes that it is important to distinguish between two things. First, the seizure of a data carrier. Second, the review of data. The seizure may be left to the investigators to decide.
If a person consents, they may show their own data. For example, a conversation or photo. This does not replace a court warrant but helps respond to suspicion.
The Ministry of the Interior says that technical limitations are important. It is not possible to select only the necessary data. Therefore, reality must be taken into account.
The Ministry of Justice is working on the draft. Its goal is to establish clear rules for the collection of electronic evidence. This will help avoid improper collection of evidence.