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Luxembourg Police – Court Ruling (Luxembourg, 2021)

Court Ruling
DPA TALuxembourg1 July 2021Luxembourg
final
Court Ruling

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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.

Recorded legal citations
Automatically processed
Art. 9 GDPR
Art. 6(1)(f) GDPR
View original scraped data
Art. 6(1)(f) GDPR
Art. 9(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Loi du 18 Decembre 2015 elative à la protection internationale et à la protection temporaire
Loi du 18 Decembre 2015 relative à la protection internationale et à la protection temporaire
Decision AuthorityTA Luxembourg

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Linked-source text retrieved.

Automated check recorded — 21 March 2026.

Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

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

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Luxembourg Police - Luxembourg (2021). Retrieved from cookiefines.eu

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