L’acquisizione di dati e comunicazioni crittografate attraverso l’OEI: una nuova sfida per la tutela della privacy?

Abstract

The acquisition of encrypted data and communications through EIO: a new challenge for the protection of privacy? – For several years, the European legislator has been producing legislation that, upstream, weighs and compares the need for confidentiality of encrypted data and that of security. It can be said that this has also happened downstream, through the action of the courts. Hence, this paper aims to analyze the European Investigation Order in the light of the less (data retention saga) and more (EncroChat) recent European jurisprudence to clarify how this tool is affecting the balance between security needs and the protection of the fundamental right to confidentiality of communications by the suspect/accused person.

Keywords: EncroChat; Encrypted communications; European investigation order; National security; Privacy