By presenting how people in the EU perceive the role of encryption in protecting their private online communication and the degree of concern about various actors accessing their private online information, this paper aims to inform discussions and support policymaking at the EU and Member State levels when deciding on concrete legal and practical measures to facilitate lawful and effective access to data.
In line with the Council conclusions on access to data for effective law enforcement [6] Council of the European Union, Conclusions on access to data for effective law enforcement, 16448/24, 12 December 2024.
and actions outlined in the ProtectEU Internal Security Strategy [7] European Commission, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ProtectEU: a European Internal Security Strategy, COM/2025/148 final, 1 April 2025.
, any measures that will be proposed in this area are to complement existing EU rules that aim to facilitate cross-border access to electronic evidence [8] European Parliament and Council of the European Union, Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023.
, by introducing tools which would enable law enforcement authorities to access encrypted data in a lawful manner, in full respect of fundamental rights.
FRA will further inform these discussions with the findings from its ongoing research on the use of different encryption workarounds by national authorities during criminal investigations and their impact on fundamental rights in practice, which will be published later this year. [9] For more details, see the description of the research project, Fundamental rights implications of accessing digital data for criminal investigations, on the FRA website.