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Die Suche erzielte 2 Treffer.

Margari v Greece and Negru v Republic of Moldova: A Step Towards ‘Substantive’ Interdependence? Journal Artikel

Mariavittoria Catanzariti

European Data Protection Law Review, Jahrgang 9 (2023), Ausgabe 4, Seite 482 - 488

Case Margari v Greece, Application no 36705/16, Judgment of the European Court of Human Rights (Third Section) of 20 June 2023 and Case Negru v Republic of Moldova, Application no 7336/11, Judgment of the European Court of Human Rights (Second Section) of 27 June 2023 The cases offer a significant step towards the protection of the right to privacy in the context of criminal proceedings, addressing the one the risk to jeopardise the right to reputation of accused persons during criminal proceedings, focusing the other on the potential impact of criminal records collected by State agents on the presumption of innocence. Right to information and right to access have been considered by the Strasbourg Court as the key issues for effective judicial protection, not only in the field of data protection but through data protection in all fields, above all in trial.


Sparkling Lights in the Going Dark: Journal Artikel

Legal Safeguards for Law Enforcement’s Encryption Circumvention Measures

Thiago Moraes

European Data Protection Law Review, Jahrgang 6 (2020), Ausgabe 1, Seite 41 - 55

This article discusses legal safeguards that could be in place in the European jurisdictions when law enforcement authorities conducting investigations of criminal offenses implement circumvention measures to bypass encryption technologies designed to protect the right to privacy of users of electronic communication services and equipment. The analysis is structured in three parts: first, two encryption technologies used by communication applications and devices are explained: end-to-end encryption and full disk encryption. Second, two encryption circumvention measures are discussed: government hacking and unlock orders. This study discusses their effectiveness against those encryption techniques, as well as their degree of invasiveness and potential harm to individuals’ rights to privacy and concludes with a list of possible legal safeguards that could be considered when implementing them. These safeguards are defined and discussed, based on European case law and national legislations analysis. Keywords: encryption; right to privacy; surveillance; going dark

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