The encyption challenge

In the recently published ProtectEU Internal Security Strategy, lawful access to encrypted data and communications is presented as one of the key challenges for law enforcement authorities. In the next months, the EC will present a "Technology Roadmap" on encryption to identify and assess "proportionate" solutions. In this context, the massive police data collection conducted in the ongoing SKY ECC case is illustrative of the fundamental rights implications of encryption workarounds, including on the right to privacy and on the right to a fair trial. An additional important issue is the one of the sanction of procedural irregularities in judicial criminal proceedings. The role of Europol in international data driven investigations should also be clarified. In our panel, the speakers will take into account the perspective of national jurisdictions in Belgium, the Netherlands, France, Austria, Italy and Germany. They will also discuss the judicial cooperation at stake: How are the European jurisdictions (ECJ/ECHR) and the EU data protection authorities reacting? Which are the fundamental rights implications of encryption workarounds? How to enable LEAs to access encrypted data in a lawful manner? Who controls the police data collection during and after data driven investigations? What is the role of Europol? Is the national judicial control on illegal police data collection effective within the EU? Is the European judicial/administrative control on illegal police data collection effective?