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ARTICLE · 17 SEPTEMBER 2026

Can Police Access Your Phone Data On The Spot Without A Warrant?

New South Wales legislation introduced in August 2026 would significantly expand police powers to compel individuals to unlock their digital devices during organised crime investigations, even without a search warrant. The proposed reforms would increase penalties for non-compliance to seven years imprisonment while enabling forensic extraction of entire device contents including encrypted messages, location history, and deleted data.

AustraliaCriminal Law

Gone are the days when evidence was solely collected from raids, asset possession, or the classic detective work you see on television. Today, there is more information on the average mobile phone than police could once have gathered from weeks of traditional means.

A phone contains what you would expect – such as messages and photos – but also hidden information – such as location history and deleted search queries. Altogether, a phone is an invaluable investigative tool that can make or break a case.

So, on 6 August 2026, the Minns Government introduced legislation that would make it considerably easier for NSW Police to compel a person to open that device so its contents can be extracted. The Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026, tabled by Police Minister Yasmin Catley, is framed as an organised crime measure. However, the mechanism it creates is not so confined.

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