Case Summary
On 16 February 2023, the German Federal Administrative Court (BVerwG) ruled that the practice of regularly analysing data carriers, including mobile phones, by the Federal Office for Migration and Refugees (BAMF) when registering asylum applicants is illegal. The judgment, following efforts by a non-profit organisation, signifies a win for asylum seekers’ data protection. The court emphasized the necessity principle and proportionality in mobile phone data analysis, ensuring it only occurs when milder means fail. The decision challenges BAMF’s default data collection, reinforcing asylum seekers’ right to privacy. However, questions about GDPR compliance and transparency in informing asylum seekers about data processing remain unresolved. The ongoing legal challenge and pending decisions may further shape the use of mobile phone data extraction in asylum decision.
Access to the full judgment
Further notes on contested technology
- → The technology is deployed
Additional resources
Palmiotto, Francesca; Ozkul, Derya: “Like Handing My Whole Life Over”: The German Federal Administrative Court’s Landmark Ruling on Mobile Phone Data Extraction in Asylum Procedures, VerfBlog, 2023/2/28, https://verfassungsblog.de/like-handing-my-whole-life-over/, DOI: 10.17176/20230228-185227-0, https://verfassungsblog.de/like-handing-my-whole-life-over/
Author of the case note
