There is no set date for the European Court to review the case; although in another high-profile legal challenge, two British EncroChat users have taken their case to Europe’s top human rights court.
However, a French case, which is set to be decided this month, could make a difference to other cases across Europe. In October, the French Court of Cassation questioned previous EncroChat legal decisions and said they should be re-examined. “The judge who authorized this measure was not in charge of 60,000 investigations, but only one, and therefore ordered a disproportionate act,” say lawyers Robin Binsard and Guillaume Martine, who are challenging the collection of the data. “We have to defend our clients without knowing how the investigators acted,” they say.
Despite the legal challenges, police forces across Europe have lauded the EncroChat hack and how it has helped put criminals in jail. When the hack was announced in June 2020, hundreds of people were arrested in huge coordinated policing operations.
Police in the Netherlands discovered shipping containers that were being used as “torture chambers” by criminals.
Since then, there has been a stream of EncroChat cases reaching courts and people being jailed for some of the most serious crimes. The data from EncroChat has been a real boon to law enforcement—organized crime arrests in Germany soared by 17 percent following the police busts, and at least 2,800 people have been arrested in the UK.
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