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, under s.22(1) of PACE, subject to subsection (4), 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, may be retained so long as is necessary in all the circumstances. Police and Criminal Evidence Act 1984, s.22(1) “Subject to subsection (4) below, 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 2026-10-02 Under s.22(4) of PACE, nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose. Police and Criminal Evidence Act 1984, s.22(4) “Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.” Read it at legislation.gov.ukquote checked 2026-10-02 Under the Data Protection Act 2018, personal data processed for any of the law enforcement purposes must be kept for no longer than is necessary for the purpose for which it is processed. Data Protection Act 2018, s.39(1) “The fifth data protection principle is that personal data processed for any of the law enforcement purposes must be kept for no longer than is necessary for the purpose for which it is processed.” Read it at legislation.gov.ukquote checked 2026-09-08 The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only. Police and Criminal Evidence Act 1984, s.120(1) (extent) “Subject to the following provisions of this section, this Act extends to England and Wales only.” Read it at legislation.gov.ukquote checked 2026-09-08	Agency says: a limit applies In Scotland, Police Scotland’s cyber kiosks page says that all information is securely deleted from the cyber kiosk at the end of each examination. 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	Agency says: a limit applies In Australia, the Australian Border Force’s written answer AE22-050 to a question taken on notice at the Senate Standing Committee on Legal and Constitutional Affairs’ Additional Budget Estimates hearing of 14 February 2022 said that current ABF policy was to retain electronic devices held for examination for no longer than 14 days, unless it was reasonable that the examination would take longer or content was located on the device that rendered the device subject to seizure. Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 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 In the same answer, the Australian Border Force said that it has powers under the Customs Act 1901 (Customs Act), the Migration Act 1958 (Migration Act) and the Maritime Powers Act 2013 (Maritime Powers Act) to examine and copy electronic devices which includes mobile phones, computers and removable storage devices such as USB drives, and that “None of the aforementioned legislation provide a time limit for the retention of goods subject to examination.” Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — no statutory time limit on retention “The Australian Border Force (ABF) has powers under the Customs Act 1901 (Customs Act), the Migration Act 1958 (Migration Act) and the Maritime Powers Act 2013 (Maritime Powers Act) to examine and copy electronic devices which includes mobile phones, computers and removable storage devices such as USB drives.—None of the aforementioned legislation provide a time limit for the retention of goods subject to examination.” Read it at aph.gov.auquote checked 2026-10-04 Separately from the ABF’s policy, under a Commonwealth search warrant (Crimes Act 1914), s.3K(3A) says that a thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable: if the thing is a computer or data storage device, 30 days; otherwise, 14 days. That period is stated for a thing moved under s.3K(2); the provision quoted does not state a period for a thing seized. Crimes Act 1914 (Cth), s.3K(3A) — time limit on moving a thing for examination or processing (Compilation No. 167, 27 Aug 2026) “The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:—if the thing is a computer or data storage device—30 days;—otherwise—14 days.” Read it at legislation.gov.auquote checked 2026-10-02 Separately from the ABF’s policy, under a Commonwealth search warrant (Crimes Act 1914), s.3K(3B)–(3D) says that an executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended; the executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application; and a single extension cannot exceed whichever of the following is applicable: if the thing is a computer or data storage device, 14 days; otherwise, 7 days. Crimes Act 1914 (Cth), s.3K(3B)–(3D) — extensions of the examination time limit (Compilation No. 167, 27 Aug 2026) “An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.—The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.—A single extension cannot exceed whichever of the following is applicable:—if the thing is a computer or data storage device—14 days;—otherwise—7 days.” Read it at legislation.gov.auquote checked 2026-10-02	Agency says: a limit applies In the United States, CBP Directive 3340-049B says that, following the completion of the border search, CBP will retain no copies of the information from an electronic device 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. Section 5.6.1 says that 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, subject to the requirements and limitations provided in the directive and applicable law. Section 5.6.2 says that, without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided in the directive and applicable law. CBP Directive No. 3340-049B §§5.6.1, 5.6.2, 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, subject to the requirements and limitations provided herein and applicable law.—Without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided herein and applicable law.—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 2026-10-02 The same directive says it is an internal policy statement of CBP and does not create or confer any rights, privileges, or benefits on any person or party. CBP Directive No. 3340-049B §8.1 (eff. 1 Jan 2026) “This Directive is an internal policy statement of CBP and does not create or confer any rights, privileges, or benefits on any person or party.” Read it at cbp.govquote checked 2026-10-02

England & Wales
They can
In England and Wales, under s.22(1) of PACE, subject to subsection (4), 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, may be retained so long as is necessary in all the circumstances.
Police and Criminal Evidence Act 1984, s.22(1)
“Subject to subsection (4) below, 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 2026-10-02
- Under s.22(4) of PACE, nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
  Police and Criminal Evidence Act 1984, s.22(4)
  “Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.”
  Read it at legislation.gov.ukquote checked 2026-10-02
- Under the Data Protection Act 2018, personal data processed for any of the law enforcement purposes must be kept for no longer than is necessary for the purpose for which it is processed.
  Data Protection Act 2018, s.39(1)
  “The fifth data protection principle is that personal data processed for any of the law enforcement purposes must be kept for no longer than is necessary for the purpose for which it is processed.”
  Read it at legislation.gov.ukquote checked 2026-09-08
- The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only.
  Police and Criminal Evidence Act 1984, s.120(1) (extent)
  “Subject to the following provisions of this section, this Act extends to England and Wales only.”
  Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
Agency says: a limit applies
In Scotland, Police Scotland’s cyber kiosks page says that all information is securely deleted from the cyber kiosk at the end of each examination.
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
Agency says: a limit applies
In Australia, the Australian Border Force’s written answer AE22-050 to a question taken on notice at the Senate Standing Committee on Legal and Constitutional Affairs’ Additional Budget Estimates hearing of 14 February 2022 said that current ABF policy was to retain electronic devices held for examination for no longer than 14 days, unless it was reasonable that the examination would take longer or content was located on the device that rendered the device subject to seizure.
Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 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
- In the same answer, the Australian Border Force said that it has powers under the Customs Act 1901 (Customs Act), the Migration Act 1958 (Migration Act) and the Maritime Powers Act 2013 (Maritime Powers Act) to examine and copy electronic devices which includes mobile phones, computers and removable storage devices such as USB drives, and that “None of the aforementioned legislation provide a time limit for the retention of goods subject to examination.”
  Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — no statutory time limit on retention
  “The Australian Border Force (ABF) has powers under the Customs Act 1901 (Customs Act), the Migration Act 1958 (Migration Act) and the Maritime Powers Act 2013 (Maritime Powers Act) to examine and copy electronic devices which includes mobile phones, computers and removable storage devices such as USB drives.—None of the aforementioned legislation provide a time limit for the retention of goods subject to examination.”
  Read it at aph.gov.auquote checked 2026-10-04
- Separately from the ABF’s policy, under a Commonwealth search warrant (Crimes Act 1914), s.3K(3A) says that a thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable: if the thing is a computer or data storage device, 30 days; otherwise, 14 days. That period is stated for a thing moved under s.3K(2); the provision quoted does not state a period for a thing seized.
  Crimes Act 1914 (Cth), s.3K(3A) — time limit on moving a thing for examination or processing (Compilation No. 167, 27 Aug 2026)
  “The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:—if the thing is a computer or data storage device—30 days;—otherwise—14 days.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Separately from the ABF’s policy, under a Commonwealth search warrant (Crimes Act 1914), s.3K(3B)–(3D) says that an executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended; the executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application; and a single extension cannot exceed whichever of the following is applicable: if the thing is a computer or data storage device, 14 days; otherwise, 7 days.
  Crimes Act 1914 (Cth), s.3K(3B)–(3D) — extensions of the examination time limit (Compilation No. 167, 27 Aug 2026)
  “An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.—The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.—A single extension cannot exceed whichever of the following is applicable:—if the thing is a computer or data storage device—14 days;—otherwise—7 days.”
  Read it at legislation.gov.auquote checked 2026-10-02
United States
Agency says: a limit applies
In the United States, CBP Directive 3340-049B says that, following the completion of the border search, CBP will retain no copies of the information from an electronic device 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. Section 5.6.1 says that 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, subject to the requirements and limitations provided in the directive and applicable law. Section 5.6.2 says that, without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided in the directive and applicable law.
CBP Directive No. 3340-049B §§5.6.1, 5.6.2, 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, subject to the requirements and limitations provided herein and applicable law.—Without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided herein and applicable law.—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 2026-10-02
- The same directive says it is an internal policy statement of CBP and does not create or confer any rights, privileges, or benefits on any person or party.
  CBP Directive No. 3340-049B §8.1 (eff. 1 Jan 2026)
  “This Directive is an internal policy statement of CBP and does not create or confer any rights, privileges, or benefits on any person or party.”
  Read it at cbp.govquote checked 2026-10-02

The short answer, country by country

In England & Wales, under s.22(1) of PACE, subject to subsection (4), 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, may be retained so long as is necessary in all the circumstances. Under s.22(4) of PACE, nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose. Separately, under the Data Protection Act 2018, personal data processed for any of the law enforcement purposes must be kept for no longer than is necessary for the purpose for which it is processed.

In Scotland, Police Scotland’s cyber kiosks page says that all information is securely deleted from the cyber kiosk at the end of each examination — that sentence is about the cyber kiosk and does not mention the seized device or any copies.

In Australia, the Australian Border Force’s written answer AE22-050 to a question taken on notice at the Senate Standing Committee on Legal and Constitutional Affairs’ Additional Budget Estimates hearing of 14 February 2022 said that current ABF policy was to retain electronic devices held for examination for no longer than 14 days, unless it was reasonable that the examination would take longer or content was located on the device that rendered the device subject to seizure. In the same answer the ABF said that it has powers under the Customs Act 1901 (Customs Act), the Migration Act 1958 (Migration Act) and the Maritime Powers Act 2013 (Maritime Powers Act) to examine and copy electronic devices which includes mobile phones, computers and removable storage devices such as USB drives, and that “None of the aforementioned legislation provide a time limit for the retention of goods subject to examination.”

Separately from the ABF’s policy, under a Commonwealth search warrant (Crimes Act 1914), s.3K(3A) says a thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable: if the thing is a computer or data storage device, 30 days; otherwise, 14 days. That period is stated for a thing moved under s.3K(2); the provision quoted does not state a period for a thing seized. Under s.3K(3B)–(3D), an executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended, and a single extension cannot exceed whichever of the following is applicable: if the thing is a computer or data storage device, 14 days; otherwise, 7 days. That is a warrant provision, not Australian Border Force policy.

In the United States, CBP Directive 3340-049B says that, following the completion of the border search, CBP will retain no copies of the information from an electronic device 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. Section 5.6.1 says that 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, subject to the requirements and limitations provided in the directive and applicable law. Section 5.6.2 says that, without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided in the directive and applicable law. The same directive says it is an internal policy statement of CBP and does not create or confer any rights, privileges, or benefits on any person or party.

Where the jurisdictions differ

The England & Wales cell is a necessity test, subject to s.22(4) — “so long as is necessary in all the circumstances” — and the provision quoted states no period of days. The Australian and United States cells each state a day limit, and each comes from a border-examination policy: the Australian Border Force’s answer to the Senate committee and CBP’s directive on border searches. The Australian cell’s notes also quote the Border Force’s statement that none of the legislation it mentions provides a time limit for the retention of goods subject to examination, and, separately, the Commonwealth search-warrant limits in s.3K(3A) on moving a thing for examination or processing, which s.3K(3B)–(3D) allow to be extended. The matrix has no cell giving a stated time limit for the seized device in Scotland or for a domestic seizure in the United States.

Read further

See how long police can keep your phone data in England & Wales, the Scotland retention position, Australian Border Force policy, moving a thing for examination under a Commonwealth warrant, 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 2026-10-04. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.