The next 60 seconds

Work out what is actually happening. An officer asking informally for your PIN is not the same as being served a written section 49 notice — the offence for refusing only attaches to a person a notice has actually been given to.

Source: Regulation of Investigatory Powers Act 2000, s.53(1) (legislation.gov.uk, checked 2026-09-08)

If you are at a port, airport or the border area and are being questioned under Schedule 7 instead, that is different: you must give the examining officer any information in your possession that they request.

Source: Terrorism Act 2000, Sch.7 para 5(a) (legislation.gov.uk, checked 2026-09-08)

Under Schedule 7, what an officer can request explicitly includes passwords to your electronic devices.

Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55 (assets.publishing.service.gov.uk, checked 2026-09-08)

Also under Schedule 7, you must provide access to the device itself if asked — including unlocking it with a passcode, thumbprint or any other access control.

Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 61 (assets.publishing.service.gov.uk, checked 2026-09-08)

Wilfully failing to comply with any duty Schedule 7 imposes, including that one, is a criminal offence.

Source: Terrorism Act 2000, Sch.7 para 18(1)(a) (legislation.gov.uk, checked 2026-09-08)

Outside a port stop, if you are under arrest, a constable searching you can seize anything they have reasonable grounds to believe might be evidence — that does not depend on your consent or your passcode.

Source: Police and Criminal Evidence Act 1984, s.32(2)(a)(ii) (legislation.gov.uk, checked 2026-09-08)

If you are being asked to hand your phone over voluntarily as a victim or witness, you must first be given written notice that you may refuse — read it before agreeing to anything.

Source: Police, Crime, Sentencing and Courts Act 2022, s.39(3)(d) (legislation.gov.uk, checked 2026-09-08)

If you have even a few seconds of warning: powering the phone off returns its default app-data storage to a locked, credential-encrypted state that stays inaccessible until the device is unlocked again.

Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-09-08 (source.android.com, checked 2026-09-08)

Work out whether this is an informal request or a formal RIPA section 49 notice — only a notice makes refusing to disclose a key or password a criminal offence.

Source: Regulation of Investigatory Powers Act 2000, s.53(1) (legislation.gov.uk, checked 2026-09-08)

At a Scottish port or airport under Schedule 7, you must give the examining officer any information they request, including your device password.

Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55 (assets.publishing.service.gov.uk, checked 2026-09-08)

Under Schedule 7 you must also unlock the device itself if an examining officer requires it — wilfully refusing is a criminal offence.

Source: Terrorism Act 2000, Sch.7 para 18(1)(a) (legislation.gov.uk, checked 2026-09-08)

Away from a port stop, in Scottish police custody but not yet officially accused of an offence, you are under no obligation to answer any question beyond giving your name.

Source: Criminal Justice (Scotland) Act 2016, s.34(4)(a) (legislation.gov.uk, checked 2026-09-08)

If police ask to extract data from your phone voluntarily, they must first give you written notice that you may refuse to provide the device or agree to the extraction — read it before agreeing.

Source: Police, Crime, Sentencing and Courts Act 2022, s.39(3)(d) (legislation.gov.uk, checked 2026-09-08)

Declining that voluntary extraction does not put the phone itself out of reach: if you have been arrested and charged, Scots common law still lets a constable seize any item in your possession.

Source: Criminal Justice (Scotland) Act 2016, s.47(3)(b) (legislation.gov.uk, checked 2026-09-08)

If you have even a few seconds of warning: powering the phone off returns its default app-data storage to a locked, credential-encrypted state that stays inaccessible until the device is unlocked again.

Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-09-08 (source.android.com, checked 2026-09-08)

At the Australian border, an officer can examine your phone under the Customs Act without your help — the cost of that examination is borne by you as the owner, but examining it does not require your passcode.

Source: Customs Act 1901 (Cth), s.186(1) — general power to examine goods (Compilation No. 192, 5 Sep 2026) (legislation.gov.au, checked 2026-09-08)

There is no legal compulsion to give a Border Force officer your passcode, or to otherwise help them get into your phone — that is the ABF’s own stated position.

Source: Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — no legal compulsion (aph.gov.au, checked 2026-09-08)

If you refuse and an officer considers there is a risk to the border, the device can be seized for further examination before it is returned.

Source: Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — consequence of refusal (aph.gov.au, checked 2026-09-08)

Current ABF policy caps that retention at 14 days, unless the examination reasonably needs longer or something is found that makes the device itself liable to seizure.

Source: Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — retention policy (aph.gov.au, checked 2026-09-08)

Away from the border, if a magistrate has actually made a Commonwealth order under s.3LA of the Crimes Act, that is different: the order requires you to give police any information or assistance that is reasonable and necessary.

Source: Crimes Act 1914 (Cth), s.3LA(1) — order power (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-09-09)

Refusing to comply with a s.3LA order once made, without a reasonable excuse, is an offence: up to 5 years’ imprisonment or 300 penalty units under the base tier.

Source: Crimes Act 1914 (Cth), s.3LA(5) — penalty tier one (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-09-08)

A more serious tier applies in some cases: up to 10 years’ imprisonment or 600 penalty units.

Source: Crimes Act 1914 (Cth), s.3LA(6) — penalty tier two (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-09-08)

If you have even a few seconds of warning: powering the phone off returns its default app-data storage to a locked, credential-encrypted state that stays inaccessible until the device is unlocked again.

Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-09-08 (source.android.com, checked 2026-09-08)

If police want to search your phone’s data after arresting you, they generally need a warrant first — Riley v. California requires it, with narrow, case-specific exceptions.

Source: Riley v. California, 573 U.S. 373 (2014) (law.cornell.edu, checked 2026-09-08)

Whether you can be compelled to unlock the phone with a memorised passcode is unsettled nationally: in the D.C. Circuit, you cannot be — the court held that compelling that specific unlock violated the Fifth Amendment.

Source: United States v. Brown, No. 23-3074 (D.C. Cir. Jan. 24, 2025) (media.cadc.uscourts.gov, checked 2026-09-08)

In the Ninth Circuit, being compelled to unlock with a fingerprint or face scan has been treated differently: the court held that specific act does not violate the Fifth Amendment.

Source: United States v. Payne, 99 F.4th 1145 (9th Cir. 2024) (cdn.ca9.uscourts.gov, checked 2026-09-08)

If you are at the US border instead, the position changes: CBP’s own directive states that travelers are obligated to present their device in a condition that allows inspection.

Source: CBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

If your device stays locked and an officer cannot get in, CBP’s directive lets them detain it pending a determination as to its admissibility, exclusion, or other disposition.

Source: CBP Directive No. 3340-049B §5.3.3 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

A passcode you do provide during a border inspection may only be used to inspect the device itself — the directive says it may not be used to reach information that exists only in the cloud or on a remote server.

Source: CBP Directive No. 3340-049B §5.3.2 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

If you have even a few seconds of warning: powering the phone off returns its default app-data storage to a locked, credential-encrypted state that stays inaccessible until the device is unlocked again.

Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-09-08 (source.android.com, checked 2026-09-08)