EU Justice Ministers to address encryption vs. privacy in informal lunch debate
The briefing document sent out by the Polish Presidency acknowledges lawful interception as ‘an intrusive investigative measure.’ It refers to the EU Commission’s High-Level Group on access to data for effective law enforcement, which supports a unified lawful interception framework across communication services, paired with a technical roadmap.
EU Justice Affairs Ministers are set to meet this Thursday for an informal lunchtime debate under the Polish Presidency to discuss how to balance law enforcement access to digital communications with individual privacy rights, according to a briefing paper seen by Euractiv. The meeting, convened under the Polish Presidency, will address the growing challenge of enabling lawful access to communications data for criminal investigations while safeguarding human rights and upholding the rule of law.
A briefing paper shared with delegations ahead of the Justice and Home Affairs Council notes that law enforcement access is increasingly obstructed by the use of end-to-end encryption (E2EE). Such encryption ensures that only the sender and recipient can read messages, and service providers do not retain the keys necessary to decrypt communications, even when presented with a valid warrant. While E2EE is considered essential for protecting user privacy and enhancing cybersecurity, law enforcement authorities argue it also allows criminal activity to go undetected.
This longstanding tension resurfaced during previous negotiations on proposed EU legislation to combat child sexual abuse. The European Commission suggested making it mandatory for messaging services, including E2EE platforms, to scan communications for illegal content. However, the proposal sparked concern among privacy advocates and lawmakers. The European Parliament has taken a firm stance against mandatory scanning on encrypted platforms, arguing that such a measure would compromise the integrity of encryption and pose broader risks to privacy and data security. Within the Council, discussions remain divided, with no consensus on how to proceed.
The Polish Presidency’s briefing acknowledges the inherently intrusive nature of law enforcement access to private communications. It also references the work of the Commission’s High-Level Group on access to data for effective law enforcement (ADELE), which has recommended the creation of a legal and technical framework for lawful interception across all types of communications services. While the paper stops short of presenting concrete technical solutions, it highlights the need for further exploration of potential paths forward.
In April, the European Commission confirmed that it would develop a technological roadmap under its Internal Security Strategy. This initiative aims to identify ways to reconcile the need for strong encryption with the legitimate interests of law enforcement. The forthcoming debate is expected to offer member states the opportunity to exchange national perspectives and influence the direction of the roadmap’s development.
The outcome of Thursday’s discussion could have implications for future EU legislative proposals, particularly those concerning online child protection, data privacy, and the regulation of digital services. .
