top of page
  • Writer's pictureThe DigitalBank Vault

#Encrochat Legal Affairs : it cannot be assumed that the surveillance of such a large number of potential suspects was based on facts

FACT : it cannot be assumed that the surveillance of such a large number of potential suspects was based on facts in each individual case. It is unclear if the French authorities complied with the ECtHR requirement of judicial oversight and notification throughout the entire surveillance operation – not only when it was first ordered, but also while it was being carried out or after it had been terminated.

There is no information as to whether the surveillance was carried out by competent experts as required by Article 706-102-1 CCP and if there was an authorization for exploitation of the dataset.

Allegedly, the French authorities refused to disclose information on the interception technology or to provide a prosecution witness to be questioned in regard to this matter (Gardiner and Sommer, 2021). It was reported that the information exchange of the JIT seized data sets was facilitated by Europol's system Siena. However, there is no information on how the integrity of the initially seized, raw data from the interception device was preserved. There is no audit trial of the procedure observed to further examine, use, and store the Encrochat-data. It was also unclear if the data set was modified or filtered before it was exchanged with Europol and other countries.

Considering, that some of the Encro-users were using the service for legitimate purposes and to protect their privacy, the JIT would be supposed to have employed a procedure for erasure and destruction of such data, as the ECtHR requires a data destruction procedure where an accused has been discharged by an investigating judge or acquitted by a court.

It becomes apparent that contemporary investigations like Encrochat have the methods and technology to identify suspects ab initio and collect digital evidence in real-time, which does not fit well with traditional lawfulness requirements for reasonable suspicion and identification of concrete crime.

Considering the lack of documentation of the procedure, it cannot, at least in theory, be excluded that the bulk computer surveillance of the Encrochat network could be in violation of Art. 8 (2) ECHR. However, even if the Encrochat evidence was potentially unlawfully obtained, this does not automatically yield a violation of Art. 6 ECHR. Therefore, further considerations must evaluate if the use of such evidence could affect the overall fairness of the criminal proceedings.


Our Cyber Defense Engineers provide clients with the most advanced know how and sophisticated encryption technologies for securing their top secret corporate communications, classified file transfers and sensitive data storage. We invite to to consult with us for Free.  

Start Your Own Business of Encrypted Phones & Laptops with just € 6000 Euro ! Telegram/Signal/ WhatsApp +37257347873  or ENCRYGMA.COM


The Encrygma Yearly Program 

Own your Private Encrypted Communication Network : 



✅ UNLIMITED MOBILE & DESKTOP ENCRYPTION MACHINES: Yearly License plan for unlimited installs of the Encrygma Offline Encryption System , on Android devices and Windows PCs ( you can install it on how many devices you want )

✅ UNLIMITED ENCRYPTED PHONES & ENCRYPTED LAPTOPS :  Yearly License plan for unlimited installs of the Avvo.Club  the online Peer to Peer Ultra Encrypted Communication Network on any iPhone, Android, MacBook and  and Windows PCs 

✅ For Each Client a Private , Unique Offline Encryption System and Private Real Time Communication Network with a dedicated set of encryption algorithms, creating like that a fully privately owned , fully controlled internal, super encrypted communication network.    

✅ Personal, Professional online training of the company's team to quantum safe encryption methodologies and top classified, ultra encrypted communications. 

✅ One year , 24/7 Full Online Technical Support + Private Consulting + Online Covert Communications courses + Ongoing upgrades and maintenance .

Let us know your secrecy needs !

We are here to help you achieve absolute secrecy.


Consult with us today for free on : 

or on Whatsapp/ Telegram/ Signal at 


33 views0 comments


bottom of page