On Thursday 8 December, the Justice Ministers devoted part of their discussions to criminal justice in cyberspace and, in particular, the question of encryption and electronic evidence.
On the sensitive issue of encryption, or abuse of encryption, of electronic communications, as the Slovak minister, Lucia Zitnanska, said, the ministers have decided to continue their discussions, but have not yet managed to decide on the procedure to follow, particularly as regards whether to ask for a legislative initiative on an issue that has become extremely important to some member states, following terrorist attacks on their soil.
The European Commissioner for Justice, Vera Jourova, confirmed that the debate had given rise to divisions between the countries in favour of legislative actions and others which are more cautious in their approach. France and Germany are among the countries shouting loudest for legislative action, should the EU's action on this issue of encryption of digital communications prove insufficient in their view. At the final press conference, Jourova explained that the backdrop to this issue was a deep dilemma between private freedoms and security and that this dilemma has ended up in the ministers' discussions.
In the view of the Slovak Presidency, these individual freedoms should be left untouched unless there is very good reason. However, Jourova said, a decision should not be made to take action on encryption with proposals containing loopholes that terrorists may be able to take advantage of. This means that the technical and political debates on the issue must continue.
On the question of electronic evidence, the Commission undertook to make a proposal for common action by June 2017, but there is not yet unanimity on this dossier either, particularly on the type of electronic evidence the legal authorities may ask operators for. There is also the question of competence and under what circumstances this evidence could be requested, the Commissioner explained. However, the main purpose of the proposals of 2017 will be to hold an in-depth discussion on the issue. (Original version in French by Solenn Paulic)