Lexsociété | Information Technologies and Law : Crossed Perspectives France-Vietnam - Proceedings of the Danang Conference 2024 November 7th | Information Technologies and Civil Rights

Abstract :

International audience

This paper explores the complex legal and ethical dimensions of digital surveillance and the growing use of encrypted messaging platforms such as Sky ECC and EncroChat in the context of criminal justice. It examines the challenges posed by the admissibility of electronic evidence, which has become pivotal in criminal proceedings worldwide. Recent rulings by the European Court of Justice (CJEU) underscore the pressing need for robust legal frameworks that address the interception and use of digital communications while safeguarding fundamental principles of privacy and the right to a fair trial. The bulk collection and analysis of encrypted data present significant challenges to individual rights and judicial fairness, as law enforcement agencies strive to balance effective evidence gathering with respect for privacy and procedural integrity. The cross-border nature of digital communication further complicates jurisdictional and enforcement issues, requiring courts and legal systems to adapt to the evolving landscape of encrypted communications. In this context, the implementation of the Second Additional Protocol to the Convention on Cybercrime aims to facilitate international cooperation by providing a structured framework. However, it also highlights the critical need to align such efforts with data protection standards, particularly those outlined in the GDPR. This paper argues for an integrated, multi-level approach to managing digital evidence, emphasizing the need to refine legal standards at both national and international levels. It identifies an existing disconnect between data protection laws and criminal procedural frameworks, advocating for reforms that ensure evidence collection in the digital era remains effective while upholding human rights. The paper further calls for sustained collaboration among policymakers, legal practitioners, and technologists to establish balanced technical standards and protocols that mitigate the misuse of encrypted communications while enabling legitimate law enforcement activities.

Keywords : international cooperation, criminal procedure, privacy rights, electronic evidence, encrypted communications, digital surveillance

Published : 2025-10-04