In November 2017, the District Court of The Hague held that the Netherlands Authority for Consumers and Markets (ACM) may take copies of mobile phones that also contain personal data.
The District Court’s ruling addressed the request of an undisclosed company following a dawn raid at its business premises. During the dawn raid, the ACM made digital copies of nearly all data on the mobile phones of six employees of the company concerned. The company objected and argued that the ACM exceeded its authority by copying nearly all data – including personal data – from the mobiles phones. According to the company, such a serious invasion of privacy should not be allowed in case no prior judicial authorisation has been obtained (which the ACM did not have in this case).