Europol copied the data extracted from 120m EncroChat messages and tens of millions of call recordings, pictures and notes, then parcelled it out to national police forces. The flood of evidence of drug trafficking and other offences drowned out qualms about the implications of the operation. The hacking operation that turned EncroChat phones into mobile spies acting against their users has important similarities with surveillance malware such as Pegasus.
Lawyers from Germany, France, Sweden, Ireland, the UK, Norway and the Netherlands, all representing clients caught up in the aftermath, met in Utrecht in November 2021. They found that cases were being built across Europe based on evidence of which authorities were unwilling to reveal the provenance. “Investigators and prosecutors were hiding or deforming the facts,” said the German attorney Christian Lödden. “We all agree that these are not the best people in the world, but what are we ready to sacrifice in order to convict one more person?”
EncroChat clientele included non-criminals, people such as lawyers, journalists and business people. The Dutch attorney Haroon Raza was one of them and said he bought an EncroChat handset at a phone shop in Rotterdam. He demanded that his data be erased. “As far as I could understand, a copy still lies in Europol’s databases where it could remain forever.”
French lawyer Robin Binsard is convinced that the whole operation amounts to mass surveillance. He said: “Dismantling a whole communication system is like the police searching all the apartments in a block to find the proof of a crime: it violates privacy and it’s simply illegal.”
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