The Ministry of Justice is drafting amendments that will clarify the possibilities for collecting information from smart devices and e-mail in criminal proceedings. It aims to avoid situations where excessively broad data collection also reveals private information unrelated to the case.

Another piece of legislation also seeks to regulate how law enforcement agencies may demand information stored on phones, regardless of the form in which it is stored.

The Ministry of Defense has submitted feedback, which says the EDF should continue to be allowed to examine and delete pictures from people's phones.

"The EDF must have the right to inspect the smart device of a person who has photographed Defence Forces facilities and, if necessary, delete the picture or recording, or take the smart device into custody and examine it. In this regard, it is necessary to create regulations so that the data contained in the smart device can be used as evidence in subsequent proceedings," the ministry said in a written statement.

"At the same time, the collection of digital evidence must be justified and carried out on lawful grounds. It would be reasonable to consider a risk-based approach, whereby actions involving the most intensive interference with fundamental rights are subject to enhanced procedural safeguards," the ministry added.

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