The Council of the EU is preparing to adopt written conclusions on encryption and access by law enforcement authorities to certain encrypted data exchanged in particular on social networks.
A draft EU Council resolution to this effect will be submitted for adoption at the meeting of EU interior ministers scheduled for 14 December, which is likely to be held virtually.
The subject of access to encryption and messages exchanged by terrorist suspects had been brought to light in the wake of the recent attacks, and the draft resolution accompanied the declaration on terrorism adopted on 13 November.
According to the draft, as seen by EUROPE, there is no question of new legislation at this stage, but the EU Council would nevertheless like to see an assessment of “the need to develop a regulatory framework across the EU that would allow competent authorities to carry out their operational tasks effectively while protecting privacy, fundamental rights and the security of communications”.
The text calls for potential technical solutions allowing authorities to use “their investigative powers which are subject to proportionality, necessity and judicial oversight under their domestic legislation, while respecting common European values and upholding fundamental rights and preserving the advantages of encryption”.
These solutions “should be developed in a transparent manner in cooperation with national and international communication service providers and other relevant stakeholders”.
The text recalls that the EU “fully supports the development, implementation and use of strong encryption”, which is one of the “necessary means to protect the fundamental rights and digital security of governments, industry and society”.
But the EU must also guarantee the ability of law enforcement and judicial authorities to exercise their powers online and offline to “protect our societies and our citizens”.
Link to text: https://bit.ly/33jqq7g (Original version in French by Solenn Paulic)