Phone SeizedCompare jurisdictionsCan I get it back, or get the data deleted?

Can I get it back, or get the data deleted?

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.

Can I get it back, or get the data deleted?

Can I get it back, or get the data deleted? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
A limit applies The Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it. Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138 “Police, Crime, Sentencing and Courts Act 2022 (“the Act”)—This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.—Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.” Read it at assets.publishing.service.gov.ukquote checked 2026-10-04 The same Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” (the Police, Crime, Sentencing and Courts Act 2022) and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), para 4 “This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” Read it at assets.publishing.service.gov.ukquote checked 2026-10-01 Under s.59(2) of the Criminal Justice and Police Act 2001, any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property. Criminal Justice and Police Act 2001, s.59(2) “Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.” Read it at legislation.gov.ukquote checked 2026-09-08	A limit applies The Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it. Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138 “Police, Crime, Sentencing and Courts Act 2022 (“the Act”)—This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.—Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.” Read it at assets.publishing.service.gov.ukquote checked 2026-10-04 The same Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” (the Police, Crime, Sentencing and Courts Act 2022) and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), para 4 “This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” Read it at assets.publishing.service.gov.ukquote checked 2026-10-01	A limit applies In Australia, under s.3ZQX(1) of the Crimes Act 1914 (Cth), if the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it; under s.3ZQX(2), the Commissioner does not have to take those steps if the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or the Commissioner has applied for such an order and the application has not been determined; or the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. Crimes Act 1914 (Cth), s.3ZQX(1)–(2) — return of a thing seized under Division 2 or 4, and when return is not required (Compilation No. 167, 27 Aug 2026) “If the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or—administrative review proceedings, the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.—However, the Commissioner does not have to take those steps if:—either:—the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or—the Commissioner has applied for such an order and the application has not been determined; or—the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or—the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3ZQZB(1) of the Crimes Act 1914 (Cth), a magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part. Crimes Act 1914 (Cth), s.3ZQZB(1) — orders a magistrate may make on application by the Commissioner (Compilation No. 167, 27 Aug 2026) “A magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3ZQZB(3) and (4) of the Crimes Act 1914 (Cth), the magistrate may make any of the orders in subsection (4) if satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to the owner of the thing or document, to the person from whom the thing was seized, or to the person who produced the document, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence. The orders are: that the thing or document may be retained for the period specified in the order; that it is forfeited to the Commonwealth; for a thing that is not a document, that the thing be sold and the proceeds given to the owner, or sold in some other way; or that the thing or document is to be destroyed or otherwise disposed of. Crimes Act 1914 (Cth), s.3ZQZB(3)–(4) — magistrate may order a thing seized to be retained, forfeited, sold or destroyed (Compilation No. 167, 27 Aug 2026) “The magistrate may make any of the orders referred to in subsection (4) if the magistrate is satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence:—the owner of the thing or document;—in the case of a thing—the person from whom the thing was seized;—in the case of a document—the person who produced the document.—The orders are as follows:—an order that the thing or document may be retained for the period specified in the order;—an order that the thing or document is forfeited to the Commonwealth;—for a thing that is not a document—an order that:—the thing be sold and the proceeds given to the owner of the thing; or—the thing be sold in some other way;—an order that the thing or document is to be destroyed or otherwise disposed of.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3ZQZB(5) of the Crimes Act 1914 (Cth), the magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3): in the case of a thing, the person from whom the thing was seized; in the case of a document, the person who produced the document; if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document, the owner of the thing or document. Crimes Act 1914 (Cth), s.3ZQZB(5) — magistrate must order return if not satisfied as to retention (Compilation No. 167, 27 Aug 2026) “The magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3):—in the case of a thing—the person from whom the thing was seized;—in the case of a document—the person who produced the document;—if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document—the owner of the thing or document.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3ZQZB(6) and (7) of the Crimes Act 1914 (Cth), before making an application the Commissioner must take reasonable steps to discover who has an interest in the thing or document and, if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application; the magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application. Crimes Act 1914 (Cth), s.3ZQZB(6)–(7) — notice to persons with an interest, and the right to appear and be heard (Compilation No. 167, 27 Aug 2026) “Before making an application under this section in relation to a thing or document, the Commissioner must:—take reasonable steps to discover who has an interest in the thing or document; and—if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.—The magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application.” Read it at legislation.gov.auquote checked 2026-10-04 Section 3(1) of the Crimes Act 1914 (Cth) says that in that Act, unless the contrary intention appears, “Commissioner means the Commissioner of the Australian Federal Police.” Crimes Act 1914 (Cth), s.3(1) — definition of “Commissioner” (Compilation No. 167, 27 Aug 2026) “In this Act, unless the contrary intention appears:—Commissioner means the Commissioner of the Australian Federal Police.” Read it at legislation.gov.auquote checked 2026-10-04	A limit applies In the United States, Federal Rule of Criminal Procedure 41(g) says that a person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return, and that the motion must be filed in the district where the property was seized. Fed. R. Crim. P. 41(g) “A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized.” Read it at law.cornell.eduquote checked 2026-09-08

England & Wales
A limit applies
The Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138
“Police, Crime, Sentencing and Courts Act 2022 (“the Act”)—This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.—Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
- The same Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” (the Police, Crime, Sentencing and Courts Act 2022) and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.”
  Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), para 4
  “This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.”
  Read it at assets.publishing.service.gov.ukquote checked 2026-10-01
- Under s.59(2) of the Criminal Justice and Police Act 2001, any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.
  Criminal Justice and Police Act 2001, s.59(2)
  “Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.”
  Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
A limit applies
The Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138
“Police, Crime, Sentencing and Courts Act 2022 (“the Act”)—This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.—Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
- The same Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” (the Police, Crime, Sentencing and Courts Act 2022) and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.”
  Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), para 4
  “This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.”
  Read it at assets.publishing.service.gov.ukquote checked 2026-10-01
Australia
A limit applies
In Australia, under s.3ZQX(1) of the Crimes Act 1914 (Cth), if the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it; under s.3ZQX(2), the Commissioner does not have to take those steps if the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or the Commissioner has applied for such an order and the application has not been determined; or the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
Crimes Act 1914 (Cth), s.3ZQX(1)–(2) — return of a thing seized under Division 2 or 4, and when return is not required (Compilation No. 167, 27 Aug 2026)
“If the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or—administrative review proceedings, the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.—However, the Commissioner does not have to take those steps if:—either:—the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or—the Commissioner has applied for such an order and the application has not been determined; or—the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or—the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.”
Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3ZQZB(1) of the Crimes Act 1914 (Cth), a magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part.
  Crimes Act 1914 (Cth), s.3ZQZB(1) — orders a magistrate may make on application by the Commissioner (Compilation No. 167, 27 Aug 2026)
  “A magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under this Part.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3ZQZB(3) and (4) of the Crimes Act 1914 (Cth), the magistrate may make any of the orders in subsection (4) if satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to the owner of the thing or document, to the person from whom the thing was seized, or to the person who produced the document, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence. The orders are: that the thing or document may be retained for the period specified in the order; that it is forfeited to the Commonwealth; for a thing that is not a document, that the thing be sold and the proceeds given to the owner, or sold in some other way; or that the thing or document is to be destroyed or otherwise disposed of.
  Crimes Act 1914 (Cth), s.3ZQZB(3)–(4) — magistrate may order a thing seized to be retained, forfeited, sold or destroyed (Compilation No. 167, 27 Aug 2026)
  “The magistrate may make any of the orders referred to in subsection (4) if the magistrate is satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under this Part is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence:—the owner of the thing or document;—in the case of a thing—the person from whom the thing was seized;—in the case of a document—the person who produced the document.—The orders are as follows:—an order that the thing or document may be retained for the period specified in the order;—an order that the thing or document is forfeited to the Commonwealth;—for a thing that is not a document—an order that:—the thing be sold and the proceeds given to the owner of the thing; or—the thing be sold in some other way;—an order that the thing or document is to be destroyed or otherwise disposed of.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3ZQZB(5) of the Crimes Act 1914 (Cth), the magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3): in the case of a thing, the person from whom the thing was seized; in the case of a document, the person who produced the document; if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document, the owner of the thing or document.
  Crimes Act 1914 (Cth), s.3ZQZB(5) — magistrate must order return if not satisfied as to retention (Compilation No. 167, 27 Aug 2026)
  “The magistrate must order that a thing or document be returned to the following person if the magistrate is not satisfied as mentioned in subsection (2) or (3):—in the case of a thing—the person from whom the thing was seized;—in the case of a document—the person who produced the document;—if the person referred to in paragraph (a) or (b) is not entitled to possess the thing or document—the owner of the thing or document.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3ZQZB(6) and (7) of the Crimes Act 1914 (Cth), before making an application the Commissioner must take reasonable steps to discover who has an interest in the thing or document and, if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application; the magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application.
  Crimes Act 1914 (Cth), s.3ZQZB(6)–(7) — notice to persons with an interest, and the right to appear and be heard (Compilation No. 167, 27 Aug 2026)
  “Before making an application under this section in relation to a thing or document, the Commissioner must:—take reasonable steps to discover who has an interest in the thing or document; and—if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application.—The magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application.”
  Read it at legislation.gov.auquote checked 2026-10-04
- Section 3(1) of the Crimes Act 1914 (Cth) says that in that Act, unless the contrary intention appears, “Commissioner means the Commissioner of the Australian Federal Police.”
  Crimes Act 1914 (Cth), s.3(1) — definition of “Commissioner” (Compilation No. 167, 27 Aug 2026)
  “In this Act, unless the contrary intention appears:—Commissioner means the Commissioner of the Australian Federal Police.”
  Read it at legislation.gov.auquote checked 2026-10-04
United States
A limit applies
In the United States, Federal Rule of Criminal Procedure 41(g) says that a person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return, and that the motion must be filed in the district where the property was seized.
Fed. R. Crim. P. 41(g)
“A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized.”
Read it at law.cornell.eduquote checked 2026-09-08

What you must do, what you can refuse, and what they can do

Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.

Limits on them

A rule that constrains them, or a remedy you can use.

Anyone with a relevant interest in seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for its return.
This is a route to get seized property back through the court — separate from the Code of Practice rule on deleting extracted data found not relevant, covered above.
Criminal Justice and Police Act 2001, s.59(2)
“Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.”
Read it at legislation.gov.ukquote checked 2026-09-08

The short answer, country by country

In England & Wales, the Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it. The same Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” (the Police, Crime, Sentencing and Courts Act 2022) and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” Getting seized property back is a separate route: under s.59(2) of the Criminal Justice and Police Act 2001, any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in s.59(3), for the return of the whole or a part of the seized property.

The matrix shows the same Code in its Scotland column: the Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.

In the United States, Federal Rule of Criminal Procedure 41(g) says that a person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return, and that the motion must be filed in the district where the property was seized.

In Australia, under s.3ZQX(1) of the Crimes Act 1914 (Cth), if the Commissioner is satisfied that a thing seized under Division 2 or 4 is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, the Commissioner must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it. That is a duty on the Commissioner, and the quoted text states no period. Section 3(1) of the Crimes Act 1914 (Cth) says that in that Act, unless the contrary intention appears, “Commissioner means the Commissioner of the Australian Federal Police.” Under s.3ZQX(2) the Commissioner does not have to take those steps if the thing may be retained because of an order under subsection 3ZQZB(3), or any other order under that subsection has been made in relation to the thing; or the Commissioner has applied for such an order and the application has not been determined; or the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership. Under s.3ZQZB(1), a magistrate may, on application by the Commissioner, make an order under subsection (2) or (3) in relation to a thing seized or a document produced under that Part. Under s.3ZQZB(3) and (4), the magistrate may make any of the orders in subsection (4) if satisfied that there are reasonable grounds to suspect that, if a thing seized or document produced under that Part is returned to the owner of the thing or document, to the person from whom the thing was seized, or to the person who produced the document, it is likely to be used by that person or another person in the commission of a terrorist act, a terrorism offence or a serious offence; the orders are that the thing or document may be retained for the period specified in the order, that it is forfeited to the Commonwealth, for a thing that is not a document that the thing be sold and the proceeds given to the owner or sold in some other way, or that the thing or document is to be destroyed or otherwise disposed of. Under s.3ZQZB(5), the magistrate must order that a thing or document be returned to the person from whom the thing was seized (or, for a document, the person who produced it), or to the owner if that person is not entitled to possess it, if the magistrate is not satisfied as mentioned in subsection (2) or (3). Under s.3ZQZB(6) and (7), before making an application the Commissioner must take reasonable steps to discover who has an interest in the thing or document and, if it is practicable to do so, notify each person who the Commissioner believes to have such an interest of the proposed application; the magistrate must allow a person who has an interest in the thing or document to appear and be heard in determining the application. Separately, 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 the ABF did not alter or delete any data as a result of an examination of a device under the Customs or Migration acts — a statement about what the ABF does, not a right for a traveller to have data deleted.

Where the jurisdictions differ

The England & Wales and Scotland cells quote a Code of Practice that says it only applies as regards the powers in Chapter 3 of Part 2 of the Act, and that information extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it. The United States cell is a different kind of remedy: Rule 41(g) speaks of the property’s return, not of deleting data. The Australian cell is a duty on the Commissioner to take reasonable steps to return a thing seized under Division 2 or 4 if the Commissioner is satisfied that it is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, with the cases in s.3ZQX(2) in which the Commissioner does not have to. The quoted text speaks of returning the thing, not of deleting data.

Read further

See the s.59 return route in full, the deletion duty in full, the Scotland retention position, getting seized things back under the Commonwealth Crimes Act, and getting a seized phone back in the US. See also How long can they keep it?

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.