Phone SeizedCompare jurisdictionsHow long can they keep it — or the data?

How long can they keep it — or the data?

Applies to: England & Wales · Scotland · Australia · United States. The law differs materially between jurisdictions this site covers — do not apply this page outside the one named here. Law also varies by state and territory in Australia — this page does not describe every state or territory. Law also varies by state, and by federal circuit, in the United States — this page does not describe every state or circuit.

How long can they keep it — or the data?

How long can they keep it — or the data? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
They can In England and Wales, a phone seized by police may be retained for as long as necessary in the circumstances — PACE sets no fixed maximum period. Data extracted from it is separately governed by the Data Protection Act’s requirement that law-enforcement data be kept no longer than necessary for its purpose. Police and Criminal Evidence Act 1984, s.22(1) “anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.” Read it at legislation.gov.ukquote checked 2026-09-08	A limit applies In Scotland, Police Scotland says all information is securely deleted from its cyber kiosks at the end of each examination. That describes the kiosk itself, not the device that was examined or any copies made elsewhere in the investigation. Police Scotland, "Cyber kiosks" — no persistent storage “all information is securely deleted from the cyber kiosk at the end of each examination” Read it at scotland.police.ukquote checked 2026-09-08	A limit applies In Australia, Australian Border Force policy is to hold a device for examination for no more than 14 days, unless a longer examination is reasonable or what is found on it makes the device liable to seizure. Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — retention policy “Current ABF policy is to retain electronic devices held for examination for no longer than 14 days, unless it is reasonable that the examination will take longer or content is located on the device that renders the device subject to seizure.” Read it at aph.gov.auquote checked 2026-09-08	A limit applies In the United States, CBP policy is to retain no copies of information taken from a device beyond 21 calendar days after the border search ends, unless retention is separately permitted or required. CBP Directive No. 3340-049B §§5.6.1, 5.6.4 (eff. 1 Jan 2026) “CBP may retain copies of information from an electronic device when, based on a review of the information encountered or on other facts and circumstances, they determine there is probable cause to believe the information contains digital contraband or evidence of a violation of law that CBP is authorized to enforce or administer—Following the completion of the border search, CBP will retain no copies of the information beyond twenty-one (21) calendar days following the conclusion of the border search unless retention is permissible or required consistent with sections 5.6.1, 5.6.2, or 5.6.3.” Read it at cbp.govquote checked 2026-09-08

England & Wales
They can
In England and Wales, a phone seized by police may be retained for as long as necessary in the circumstances — PACE sets no fixed maximum period.
Data extracted from it is separately governed by the Data Protection Act’s requirement that law-enforcement data be kept no longer than necessary for its purpose.
Police and Criminal Evidence Act 1984, s.22(1)
“anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.”
Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
A limit applies
In Scotland, Police Scotland says all information is securely deleted from its cyber kiosks at the end of each examination.
That describes the kiosk itself, not the device that was examined or any copies made elsewhere in the investigation.
Police Scotland, "Cyber kiosks" — no persistent storage
“all information is securely deleted from the cyber kiosk at the end of each examination”
Read it at scotland.police.ukquote checked 2026-09-08
Australia
A limit applies
In Australia, Australian Border Force policy is to hold a device for examination for no more than 14 days, unless a longer examination is reasonable or what is found on it makes the device liable to seizure.
Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — retention policy
“Current ABF policy is to retain electronic devices held for examination for no longer than 14 days, unless it is reasonable that the examination will take longer or content is located on the device that renders the device subject to seizure.”
Read it at aph.gov.auquote checked 2026-09-08
United States
A limit applies
In the United States, CBP policy is to retain no copies of information taken from a device beyond 21 calendar days after the border search ends, unless retention is separately permitted or required.
CBP Directive No. 3340-049B §§5.6.1, 5.6.4 (eff. 1 Jan 2026)
“CBP may retain copies of information from an electronic device when, based on a review of the information encountered or on other facts and circumstances, they determine there is probable cause to believe the information contains digital contraband or evidence of a violation of law that CBP is authorized to enforce or administer—Following the completion of the border search, CBP will retain no copies of the information beyond twenty-one (21) calendar days following the conclusion of the border search unless retention is permissible or required consistent with sections 5.6.1, 5.6.2, or 5.6.3.”
Read it at cbp.govquote checked 2026-09-08

The short answer, country by country

In England & Wales, a phone seized by police may be retained for as long as necessary in the circumstances — PACE sets no fixed maximum period. Data extracted from it is separately subject to the Data Protection Act’s principle that law-enforcement data must not be kept longer than necessary for its purpose.

In Scotland, Police Scotland says all information is securely deleted from its cyber kiosks at the end of each examination — that describes the kiosk itself, not the seized device or any copies made elsewhere in the investigation.

In Australia, Australian Border Force policy is to hold a device for examination for no more than 14 days, unless a longer examination is reasonable or what is found on it makes the device liable to seizure.

In the United States, CBP policy is to retain no copies of information taken from a device beyond 21 calendar days after a border search ends, unless retention is separately permitted or required.

Where the four differ

Be honest about what this table actually shows: neither a domestic England & Wales seizure nor an ordinary US domestic seizure carries a fixed retention period at all — “as long as necessary” is not a deadline. The stated day limits above (14 days, 21 days) belong specifically to the Australian and US border context, not to an ordinary domestic stop in either country.

Read further

See how long police can keep your phone data in England & Wales, the Scotland retention position, Australian Border Force policy, and getting a seized phone back in the US. See also Can I get it back, or get the data deleted? and At the border?

Last reviewed 2026-09-08. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.