To highlight the main obstacles encountered in judicial investigations into the use of encrypted communications by criminal networks, Eurojust presents casework experiences and a summary of recent legislative developments in EU Member States in this field. The third joint report of the Observatory Function on encryption also provides an overview of technical developments creating challenges for judicial practitioners and law enforcement. Furthermore, it lists all key policy developments in third states and other regions worldwide.
Encryption has become an essential component for safeguarding fundamental rights, digital sovereignty and innovation. However, criminal organisations are increasingly using encrypted communication tools and continue to find methods to leverage the latest technologies to evade investigations. Judicial authorities and law enforcement are increasingly depending on digital data to proceed with these investigations. Very often, such data are encrypted and difficult to gain legal access to.
The latest report builds on its previous versions and functions as a reference for investigations and the prosecution of the illegal use of encryption and other closely related developments. As a result, the Observatory Function – jointly held by Eurojust and Europol – aims to provide a balanced resource for decision-making.
Eurojust contributed to the report by providing an overview of the legal frameworks relating to encryption in the Member States and relevant jurisprudence. Next to this, casework experiences related to the use of encryption tools by criminals are given, paying particular attention to the EncroChat case.
Eurojust is an agency of the European Union