Fundamental rights implications of accessing digital data for criminal investigations
What?
Encryption of electronic devices and communication is a key privacy enhancing technology and cybersecurity guarantee. At the same time, access to encrypted data poses a growing challenge in criminal investigations. FRA research analyses the challenges and good practices in accommodating the needs of effective investigations and fundamental rights.
Why?
In November 2024, the High-Level Expert Group on access to data for effective law enforcement called for effective ways forward in this area. In April 2025, the ProtectEU Internal Security Strategy announced the preparation of a Technology Roadmap on encryption that should, in 2026, identify and assess suitable technological solutions that would enable law enforcement authorities to access encrypted data in a lawful manner, safeguarding cybersecurity and fundamental rights. FRA research will feed into these ongoing discussions and processes.
How?
The project collects information via desk research and interviews with practitioners and other experts in selected Member States (Austria, Finland, France, Germany, the Netherlands and Romania); notably with representatives of law enforcement, prosecution and judicial authorities, as well as defence lawyers, service providers and legal and technical experts. The interviews will explore the use of different encryption workarounds available to authorities during criminal investigations and their impact on fundamental rights. The FRA report is scheduled for publication in 2026.