Frederik_Borgesius,
@Frederik_Borgesius@akademienl.social avatar

The European Court of Human Rights (ECtHR) emphases that encryption contribute to ensuring the enjoyment of privacy and other fundamental rights, such as freedom of expression. Case of Podchasov v. Russia (no. 33696/19).

https://hudoc.echr.coe.int/eng/?i=001-230854

tomstoneham,
@tomstoneham@dair-community.social avatar

@Frederik_Borgesius @markhughes
Wow! Given that the UK's has pretty much exactly the same requirements, we can conclude that it also violates Art. 8.

(Given the hedging in Art 8 about "national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals," I wasn't sure until now.)

Frederik_Borgesius,
@Frederik_Borgesius@akademienl.social avatar

'In the digital age, technical solutions for securing and protecting the privacy of electronic communications, including measures for encryption, contribute to ensuring the enjoyment of other fundamental rights, such as freedom of expression (…). Encryption, moreover, appears to help citizens and businesses to defend themselves against abuses of information technologies, such as hacking, identity and personal data theft, fraud and the improper disclosure of confidential information.' (par 76)

Frederik_Borgesius,
@Frederik_Borgesius@akademienl.social avatar

'Weakening encryption by creating backdoors would apparently make it technically possible to perform routine, general and indiscriminate surveillance of personal electronic communications. Backdoors may also be exploited by criminal networks and would seriously compromise the security of all users’ electronic communications. The Court takes note of the dangers of restricting encryption described by many experts in the field' (par 77)
ECtHR, Podchasov v. Russia (no. 33696/19).

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