BTS login data as evidence in pre-trial detention proceedings

Technological progress and the continuous expansion of smartphone functions mean that most people are practically inseparable from their mobile phones. Law enforcement authorities are increasingly using this in criminal proceedings. They analyse where a person’s phone has logged in and draw conclusions about the user’s whereabouts. In many cases, BTS login data is one of the pieces of evidence used to justify pre-trial detention.

BTS login data as evidence in criminal proceedings

Data on mobile phone logins to specific relay stations is primarily used in the operational work of law enforcement authorities. However, in order for it to be used as evidence in criminal proceedings, the authorities must obtain official data from the mobile network operator on the basis of a decision to waive telecommunications secrecy. Importantly, under Polish law, telecommunications operators are only required to store data for 12 months.

It should be remembered that the data stored by operators relates to logins from a specific telephone, which does not guarantee that the same person used it at all times. Due to the specific nature of BTS masts, the results of data analysis on logins will often have low evidential value. This data is useful for determining that the phone user was moving and covering longer distances along a specific route, but even the most detailed analysis of the login history on BTS masts does not allow for the precise determination of the location of a given phone.

It is also worth analysing the data from operators on your own. This is because police requests often refer in general terms to a given phone logging in ‘in the vicinity’ of the crime scene, without explaining how large an area is considered to be the vicinity, or whether there are other BTS masts in the area from which the signal could have been switched due to network overload. Your own analysis will allow you to verify this information, which may prove very valuable in defending yourself against the charges.

Full article is available in Polish here.

Article is available in Polish here.