Rights and LimitsPhones and devicesDo you have to give police your phone password?
Do you have to give police your phone password?
There is a short and simple version of this page. One idea per sentence, no legal words.
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
Comply with a formal s.49 notice once it has been served on you.
Knowingly failing to make the required disclosure is an offence under s.53.
Regulation of Investigatory Powers Act 2000, s.53(1)
“A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.”
Read it at legislation.gov.ukquote checked 2026-08-25
Give information requested at a port or airport under Schedule 7 — including device access.
Terrorism Act 2000, Schedule 7, paragraph 5
“A person who is questioned under paragraph 2 or 3 must— give the examining officer any information in his possession which the officer requests”
Read it at legislation.gov.ukquote checked 2026-08-25
You can refuse
No penalty for saying no.
The offence arises only once a s.49 notice has been given to you — not when an officer simply asks.
An informal request carries no penalty for refusing. A s.49 notice is a formal, separate thing.
Regulation of Investigatory Powers Act 2000, s.53(1)
“A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.”
Read it at legislation.gov.ukquote checked 2026-08-25
Lawful to refuse — but it costs you
Not an offence, but it carries a penalty or an inference.
Knowingly failing to make the disclosure a s.49 notice requires is a criminal offence.
Which is why it matters whether what you were given was a notice or just a question.
Regulation of Investigatory Powers Act 2000, s.53(1)
“A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.”
Read it at legislation.gov.ukquote checked 2026-08-25
Being asked is not being required
If an officer takes your phone and asks for the PIN, you can decline. There is no general offence of refusing to unlock a device, and the ordinary right to silence covers the question.
What changes the position is a formal notice under s.49 of the Regulation of Investigatory Powers Act 2000. That is a written requirement, subject to authorisation, and knowingly failing to comply with it is a criminal offence under s.53.
How to tell the difference
A s.49 notice is a document. It is not a police officer saying “you have to give me your PIN” at the custody desk. If you are told you are legally obliged, it is entirely reasonable to ask whether a s.49 notice has been served and to ask to see it.
If one has been served, that is the moment to get legal advice — not to decide alone. The penalties are serious and there are technical defences around whether you actually possess the key.
The border is different again
None of the above applies in the same way at a port or airport. Under Schedule 7 of the Terrorism Act 2000 you are under a duty to give information the examining officer requests, with no right to silence — a materially worse position than an ordinary police station.
Practical note on biometrics
A fingerprint or face unlock is quicker to compel in practice than a passcode is to extract from your memory. People who care about this generally turn off biometric unlock before travelling or attending anything they expect to be difficult, leaving only a passcode.
That is a practical observation about how devices work, not a licence to obstruct an investigation — destroying or concealing evidence is a separate and serious matter.
Last reviewed 2026-08-25. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.