Protection of the Communication and Digital Security of Mobile Phones as a Fundamental Right to Privacy

Abstract

The central idea of this chapter is to discuss the notion of privacy arising from the use and exchange of messages through the use of mobile phones and whether police officers in charge of patrolling and public security may have access to the messages contained therein without proper judicial authorization. The authors focused on the position of the Brazilian Superior Court of Justice (STJ) on the subject, based on the decision rendered in the Appeal in Habeas Corpus (RHC) n. 51.531/RO. At this trial, protection was given to the new forms of communication and data contained in mobile phones under the constitutional terms of protection of privacy and non-unlawful obtaining of evidence, so that it will be necessary to issue a court order to get any informational elements found in messaging applications installed on a smartphone.