Publication date: 19 August 2024

This ad hoc query deals with legislation and practices regarding the search of asylum seekers' mobile phones and other devices. It updates the 2017 ad hoc query on mobile devices and the 2023 GDISC query on reading mobile data.
Main theme: International Protection
Publication Type: Ad Hoc Queries
Keywords: privacy, GDPR, asylum

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Civil society organisations, as highlighted by Vluchtelingenwerk Vlaanderen, have urged the federal government to abandon the draft law allowing home searches for enforcement of return decisions, citing serious concerns raised by the Council of State. The draft law, first adopted by the Council of Ministers in July 2025, has faced scrutiny from several advisory bodies, including Myria, the Children’s Rights Delegate, and the Data Protection Authority. Municipal motions in various cities, including Brussels, Verviers, and La Hulpe, have also questioned its provisions.

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On 17 November 2025, the City of Brussels adopted a motion for a welcoming, responsible and caring city, opposing the draft law allowing judicially authorised home searches for irregularly staying migrants. The motion emphasises that security and human dignity are inextricably linked and states that Brussels must remain a welcoming, responsible and just city, faithful to its constitutional and European obligations.