In a recent ruling, the District Court of The Hague affirmed that the retrieval of mobile phone data by the Netherlands Authority for Consumers and Markets (ACM) is permissible, even if the collected data includes data that are not business related.
The affected company requested an injunction to preclude the use of the data collected from the mobile phones on, inter alia, the ground that the mobile phones were also used for private purposes. Therefore, collecting all the data from the mobile phones would violate the right to respect for private life under the European Convention on Human Rights (Article 8). The District Court found that the ACM’s practices with respect to dawn raid seizures of digital data provide adequate safeguards to preclude inappropriate access to digital data by the ACM. Thus, parties cannot challenge the seizure of digital data solely on the ground that it might comprise data of a non-business nature.
The full ruling can be read here (only available in Dutch).