- Enforcing jurisdiction
- Luxembourg · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Luxembourg Police – Court Ruling (Luxembourg, 2021)
Privacy enforcement record
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A Luxembourg court ruled on the legality of police searching an asylum seeker's phone without consent. This case is significant because it addresses the protection of personal data in sensitive situations.
What happened
The police searched an asylum seeker's phone without his consent during an interrogation.
Who was affected
The asylum seeker whose personal data was accessed without permission.
What the authority found
The court examined whether the police had a valid legal basis for processing the asylum seeker's personal data.
Why this matters
This ruling highlights the need for law enforcement to respect individuals' data rights, especially in vulnerable situations. Organizations should ensure that personal data is handled lawfully.
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Automated check recorded — 21 March 2026.
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An asylum seeker (X), born in Moldavia but having lived his entire childhood in Syria, applied for international protection in Luxembourg in November 2019. At the time of entry, X was still a minor and was accompanied by his mother. During the interrogation conducted by the police, X fainted and the police searched his phone without his consent, including pictures. In February and April 2021, whilst X had reached the legal age of majority, he was heard by an agent of the Ministry of Immigration regarding his situation and the reasons behind his request for international protection. On 1 June 2021, the Ministry rejected his request, on the ground that X had a connection with Moldavia, where he could return, in application of Article 28(2)(c) of the Luxembourg law of 18 December 2015 regarding international protection. X appealed that decision before the Administrative Tribunal of Luxembourg, arguing among others that the police force had illegally processed his personal data, including sensitive personal data, because they did not have any valid legal basis under Article 6 GDPR and/or Article 9 GDPR. Regarding the processing of personal data in general, the Tribunal first recalled that processing of personal data is allowed when such processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (Article 6(1)(e) GDPR), as long as this is laid down in national law (Article 6(3)(b) GDPR). The Tribunal then looked into Article 12(5) of the Luxembourg law on Internal Protection, which states that: "The [police] may, if necessary, carry out a body search of the applicant and a search of the objects he is transporting. (...) [T]he body search of the applicant's shall be carried out by a person of the same sex, with full respect for the principles of human dignity and physical and psychological integrity. Any object useful for examining the request may be retained (...)." Having r
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Luxembourg Police in LU
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
1 July 2021
Authority
DPA TALuxembourg
About this data
Cite as: Cookie Fines. Luxembourg Police - Luxembourg (2021). Retrieved from cookiefines.eu
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