Can Police Force You to Unlock Your Phone in NSW? What the New 2026 Digital Evidence Access Orders Mean for Your Rights

1. Can police force you to unlock your phone in NSW?

Sometimes. Police cannot generally force you to provide your PIN or password simply because they have seized your phone.

They may compel access if a valid Digital Evidence Access Order (DEAO) applies to you and your device. These orders operate under Part 5, Division 4A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA).

A DEAO can direct a specified person to provide information or assistance that is reasonably necessary to:

• Unlock a phone, tablet, computer or other digital device.
• Provide a PIN, password, pattern or decryption key.
• Access data stored on, or accessible from, the device.
• Copy or download data to another device.
• Convert data into a readable or intelligible form.

The 2026 NSW Government reforms are aimed at expanding when police can seek these orders, particularly in suspected organised crime investigations. The government has announced that police may be able to seek a DEAO where a device was lawfully seized during an arrest, roadside stop or other lawful detention.

The exact position depends on whether the relevant reform has commenced and the wording of the order served on you.

You should obtain urgent legal advice before responding.

2. What is a Digital Evidence Access Order?

A DEAO is a formal legal order that gives police or another authorised enforcement officer power to compel access to digital evidence.

Under the existing LEPRA scheme, a DEAO is generally connected to a search warrant or crime scene warrant. Certain other legislation may also allow an access order, including legislation involving the NSW Crime Commission, proceeds of crime investigations and ICAC warrants.

The order identifies:

• The device or data covered.
• The person required to provide assistance.
• The information or assistance required.
• The period during which the order operates.

You may be a “specified person” if police reasonably believe you:

• Own the device.
• Use the device.
• Know the PIN, password or decryption method.
• Have access to information needed to obtain the data.

A DEAO is not the same as a general request. It is not optional in the ordinary sense. Ignoring it can create a separate criminal offence.

3. When can police compel you to unlock your phone?

Police must have lawful authority. A demand made without a valid access order does not automatically require you to disclose your password.

The current DEAO framework commonly involves:

1. A relevant warrant or statutory power.
2. An application for a DEAO.
3. Approval by an authorised issuing officer.
4. Service of the order or direction on the specified person.
5. A direction requiring reasonable and necessary assistance.

The 2026 organised crime reforms are intended to broaden the first step in particular investigations. Police may seek access to a lawfully seized device without first relying on a traditional search or crime scene warrant, depending on the applicable provisions and commencement date.

That does not mean police can search every phone in every situation. The order must still be legally authorised. It must relate to the device and investigation identified in the order.

A criminal defence lawyer Sydney clients trust can examine whether:

• The device was lawfully seized.
• The officer had power to apply for the order.
• The correct issuing officer approved it.
• You were properly identified as the specified person.
• The direction went beyond what the order permits.
• The requested access was reasonably necessary.

4. What happens if you refuse to unlock your phone?

If a valid DEAO applies, refusing to comply without a reasonable excuse may be prosecuted as a separate offence under s 76AO of LEPRA.

The current provision carries a maximum penalty of 100 penalty units and/or five years’ imprisonment. The NSW Government has announced proposed 2026 reforms that would increase the maximum penalty to seven years in certain organised crime matters. You should not assume the seven-year maximum applies to your case without checking the current law and commencement provisions.

You may also commit an offence if you provide information that is false or misleading in a material particular while pretending to comply.

Do not:

• Guess a password and then give police false information.
• Claim you cannot access a device when that is untrue.
• Delete, alter or remotely wipe data.
• Ask someone else to interfere with the phone.
• Argue physically or obstruct police.

Refusal is a legal issue, not a decision to make impulsively. Contact a lawyer immediately and explain exactly what order or direction you received.

5. Can I rely on the right against self-incrimination?

Usually not as a complete answer to a valid DEAO.

The DEAO provisions expressly limit the common law privilege against self-incrimination in this context. That means you generally cannot refuse solely because unlocking the phone may provide evidence against you.

The phrase “reasonable excuse” is fact-specific. It is not a general escape route. Possible issues may include:

• You genuinely cannot remember the password.
• You do not have the technical ability to provide the requested assistance.
• The device is not yours and you have no access credentials.
• The direction is unclear, impossible or exceeds the order.
• There is another legally recognised reason affecting compliance.

Whether an excuse is reasonable may ultimately be decided by a court. You should not try to resolve that question alone when the maximum penalty may include imprisonment.

6. How long does a Digital Evidence Access Order last?

A DEAO is time-limited.

Under the current LEPRA scheme, it generally remains in force for:

• Seven business days after issue for most orders.
• Ten days after issue where it is connected with a covert search warrant.

An authorised officer may apply for extensions of up to three further periods of seven business days, subject to the statutory requirements.

The duration matters. Police must act within the authority given by the order. They cannot assume a direction remains valid indefinitely.

You should obtain and keep a copy of:

• The DEAO.
• Any written direction.
• The underlying warrant, where available.
• Any receipt or seizure record.
• Any documents identifying the device.

Your lawyer can compare the dates, terms and scope of those documents.

7. What are your rights when police seize your phone?

You should not obstruct a lawful seizure. You should also avoid volunteering information that may harm your position.

Practical steps include:

• Ask why the phone is being seized.
• Ask to see the warrant or order, unless police are legally prevented from showing it immediately.
• Ask for a receipt or property record.
• Record the time, location, officers’ details and what was said.
• State that you do not consent to searches beyond police powers.
• Say that you want legal advice before answering questions.
• Exercise your right to silence, subject to any specific legal obligation.
• Do not unlock the device voluntarily without advice, unless a lawyer has advised you about the consequences.
• Do not delete, change or access data remotely after learning of an investigation.

A seizure does not automatically make every later search lawful. Your defence team can investigate the warrant, the seizure process, the forensic examination and the handling of the data.

Potential issues may involve:

• An invalid or overly broad warrant.
• Police exceeding the authorised scope.
• Poor chain-of-custody records.
• Unauthorised access.
• Contamination or alteration of digital evidence.
• Failure to comply with statutory safeguards.

Evidence obtained improperly may be challenged under s 138 of the Evidence Act 1995 (NSW). Exclusion is not automatic. The court considers the circumstances and the relevant public interest factors.

For more information, read our guide on what to do when police seize your phone in NSW.

8. What should you do if your phone has just been seized?

Act quickly. Digital evidence issues can affect your bail, charges, negotiations and trial strategy.

Your immediate steps should be:

1. Do not answer substantive police questions.
2. Do not consent to additional searches.
3. Do not guess or invent a password.
4. Do not delete, alter or remotely wipe data.
5. Ask for a copy of any DEAO or warrant.
6. Contact a criminal defence lawyer immediately.
7. Write down everything you remember while it is fresh.

If police are currently questioning you or asking you to attend an interview, contact Greenfield Lawyers before making a statement. Our guide to police questioning in NSW explains the protections that may apply.

Greenfield Criminal & AVO Defence Lawyers provides urgent legal advice Sydney clients need during police investigations, including after-hours assistance where available. We can assess the order, advise you about compliance, challenge unlawful conduct and protect your position during questioning.

If your phone has been seized, call a criminal defence lawyer Sydney residents can rely on. Do not assume that police access is automatically lawful, and do not assume that refusing an order is consequence-free.

You need specific criminal law advice Sydney clients can act on immediately.

This article provides general information only. It is not legal advice. The law concerning Digital Evidence Access Orders and the 2026 organised crime reforms may change. Obtain advice about your particular order, device and investigation.