Wouldn't this mean that measures to protect your data from other adversaries (criminals or competitors) would be illegal as well? Unless, of course, "intent" is determined solely by the fact that I am or am not a criminal. But in an age of overcriminalization, where you can indict a ham sandwich if you need to, anyone could be considered a criminal if the government takes enough of an interest in your activities. This would mean that everyone who takes reasonable security precautions is at risk of stacked charges for "destruction of evidence"! Not a great situation to be in for journalists and dissidents.
The question is - have you, realising that you are under police investigation, attempted to destroy information which that investigation is interested in.
Not "Do you have a lock on your phone" or even "Do you have a lock on your phone which causes it to self-wipe after 5 incorrect password attempts" but "Did you, when you realised the police were on to you, deliberately wipe some data to stop you getting into trouble."
