
They Took My Client's Phone, Now What?: Protecting Client Data Using Civil and Criminal Law
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This past year, attorneys from the Science and Surveillance Project and Civil Justice Practice at Brooklyn Defender Services began collaborating to tackle what we identified as a major uptick in prolonged phone seizures by law enforcement and prosecutors. With the increasing ease of accessing and extracting data from phones, criminal defendants face significant privacy risks that extend beyond the immediate inconvenience of losing their cell phones. These risks include potential use of data for prosecution, as well as more insidious threats such as the use of information in databases, AI, and predictive policing systems. Drawing on our experience from the Science and Surveillance Project and the Civil Justice Practice, we will share effective tactics and collaborative approaches to fortify protections for our clients' digital privacy. Our goal is to illuminate these risks for fellow public defenders and demonstrate that there are numerous avenues to challenge the seizure and retention of clients' data.
- Upon completion, participant will be able to recognize the various risks to clients' and their communities' privacy when cell phones and data are seized during a criminal case or investigation.
- Upon completion, participant will be able to develop strategies for using property seizure law to advocate for the return of criminal defendants' phones and data.
- Upon completion, participant will be able to identify points in the criminal legal process to litigate to protect clients' data from use in prosecution and beyond.

Anca Grigore, n/a
Supervising Attorney, Civil Justice Practice
Brooklyn Defender Services

Elizabeth Daniel Vasquez, n/a
Director, Science & Surveillance Project
Brooklyn Defender Services

Talia Kamran, n/a
Law Fellow
Brooklyn Defender Services
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