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The Legal Battle of #Encrochat: European Court of Human Rights


López Oriva said there was a pending decision from the European Court of Human Rights over the handling of intercepted EncroChat messages, “because it is possible that it says they are illegal as evidence”, he said.

The European Court of Human Rights has received a complaint from two British citizens who were detained in 2020 in the UK and accused of cocaine sales and homicide.

According to a European Court communication: “In accordance with Article 8 of the Convention, the applicants complained of the French authorities’ intrusion into the encrypted network EncroChat, the access, seizure and copying of their users’ data and their actions with the UK authorities. They question the legality, necessity and proportionality of these interference.”

The case is waiting for the French government to respond to questions raised by the European Court on 3 January about the surveillance operation on the EncroChat system, according to a press release from the court issued in June.

Ylva Johansson, Commissioner for European Affairs of the European Commission, was asked by German MEP Moritz Körner in January 2021 about the percentage of users of EncroChat associated with criminal activities, whether the hacking of communications by the police was on individual users or indiscriminately, and whether the EncroChat system was illegal.

She replied on 13 April 2021 that it was for the courts of each country to decide whether the conduct of EncroChat users is criminal and that it is for the competent authorities of each country to assess the legality of the services provided by EncroChat.

The European Commissioner said that, as of April 2021, 1,800 people had been detained on suspicion of criminal acts within the framework of the EncroChat surveillance operation.


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