Searching asylum seekers’ phones is illegal, ministry rules

Searches of asylum seekers’ phones and laptops by Dutch authorities have no adequate legal basis and should stop until one is in place, the Justice and Security Inspectorate has found.

The asylum screening service (DISA) currently checks new arrivals’ photos and contact lists for signs of extremism or violence on behalf of the asylum ministry.

But after several rulings by the Council of State, the service accepted that its legal basis for searching devices was insufficient.

It then began asking asylum seekers for permission instead, but the inspectorate said this did not fix the problem: if people fear that refusing a search could harm their asylum application then it doesn’t amount to free consent.

The searches could also be counterproductive. Genuine security signals – photos of weapons, for instance – gathered without a proper legal basis could later prove difficult to use in a prosecution.

Asylum minister Bart van den Brink promised parliament in March that he would create a legal basis for the searches, and the inspectorate urged him to do so as quickly as possible.

The immigration service IND takes over identification and registration from DISA on June 12, when the screening service will end. The IND has said it will not search asylum seekers’ phones without a legal basis.