Negotiated procedure for a middle value contract: Fundamental rights implications of accessing digital data for criminal investigations

Strong encryption is considered to be an enabler of privacy and human rights, including the rights to freedom of opinion and expression. At the same time, access to data in encrypted devices or communication is perceived by law enforcement authorities as a chief challenge in combating serious crime. The High-Level Expert Group on access to data for effective law enforcement, launched by the European Commission in 2023 to propose recommendations for the further development of EU policies on this matter, focused on encryption as one of the priority topics.

The contractor will be requested to prepare a comprehensive study mapping the state-of-the-art technologies in the field of encryption of devices and communication, and the existing and emerging methods (encryption workarounds) that law enforcement may use – through the use of technology or otherwise – to access the contents of such devices and communication. The study should explain in detail the technical and legal feasibility of each method and its fundamental rights implications, taking into consideration applicable EU and international legal framework.

Technical and professional capacity

Candidates shall propose the profiles meeting at least the minimum selection criteria below:

Profile 1 - Project manager

• University degree.
• Proven professional experience (after the completion of the university degree) of at least two (2) years in managing legal research as project manager/project coordinator or equivalent.
• Excellent knowledge of English (Common European Framework of Reference (CEF) level C1).

Profile 2 - Technical expert

• University degree.
• Experience with and technical knowledge of the use of encryption and decryption technologies, proven by:
  • at least four (4) years of relevant work experience in the fields of cryptography, cybersecurity, digital forensic investigations or similar, and
  • at least one (1) publication/report or one (1) completed project in the area.
• Good knowledge of English (Common European Framework of Reference (CEF) level B2).

Profile 3 - Legal expert

• University degree in law
• A minimum of four (4) years of experience of research on topics linked to technology and human rights, proven by at least two (2) publications, at least one (1) of which relates to accessing digital data for criminal investigations.
• Excellent knowledge of English (Common European Framework of Reference (CEF) level C1).

Note: one of the two experts may also take over the role of the project manager, if the minimum requirements for each profile are met.

No documents proving the fulfilment of these criteria are requested at this stage.

Participation in this negotiated procedure for a low value contract is open to natural and legal persons falling within the scope of the EU Treaties (this includes all economic operators established in the European Union) and to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. FRA is not part of the Agreement on Government Procurement (GPA) concluded within the World Trade Organisation. Therefore, the procurement procedure is not open to candidates from GPA countries. If you would like to participate in this negotiated procedure, please register your interest by e-mail to procurement@fra.europa.eu, including your contact details (name, organisation, address, country and e-mail) before 18th October 2024 (17:00 Vienna local time).

Please note that registration of interest to participate in the above-mentioned procedure does not give rise to any legitimate expectations to be invited.