The recently published recommendations of an high level expert group on the topic of going dark were also discussed in the Standing Committee on Internal Security . On May 29, several EU member states spoke out in favor of access to encrypted data and communications, as well as Europe-wide data retention., called for backdoors to encrypted data and many other surveillance options in 42 recommendations at the end of May this year.
A range of countries, including Estonia, the Czech Republic, Spain, Sweden, Finland, Italy, the Netherlands, and Ireland, see an urgent need for action on encryption and data retention. Hungary called access to data a „key element for effective law enforcement“ and found the results of the expert group to be „impressive and forward-looking.“ According to the minutes, the police authority Europol emphasized the danger of end-to-end encryption being misused by criminals, a view shared by Greece.
Germany also emphasized that as part of the national implementation of the European Electronic Communication Code , „over-the-top services must be made mandatory as interpersonal communication services without any doubt and without exception.“ This should impose obligations to cooperate in monitoring on messengers such as WhatsApp & Co.
It will be interesting to see what such a communication strategy will look like in view of the plans for all kinds of additional surveillance and backdoors into encrypted communications.The group of high-level experts had been meeting since last year to tackle the so-called „going dark“ problem.
This imbalance was criticized by data protection activists, who were then involved in the process, albeit at a late stage and only unofficially. They apparently had little influence on the committee’s recommendations. Outgoing Pirate MEP Patrick Breyer called the panel’s recommendations the „secret wish list of EU governments“ and warned that these proposals would be implemented after the European elections. The approval in the COSI committee shows that Breyer’s fears are justified.
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