Council of the European Union Brussels, 16 November 2020 (OR. en) 12864/20 LIMITE JAI 974 COSI 206 CATS 87 ENFOPOL 304 COPEN 323 DATAPROTECT 127 CYBER 232 IXIM 115 NOTE From:                 Presidency To:                   Delegations Subject:              Recommendations for a way forward on the topic of encryption DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC (01.03.2021) Protecting the privacy of communications and other fundamental rights through encryption on the one hand and upholding the investigation powers of law enforcement in the digital world on the other hand are extremely important. Any actions to gain lawful access must balance these interests carefully. MS play a crucial role in this. DELETED : 1.    We continue to support strong encryption. Encryption is an anchor of confidence in digitalisation and protection of fundamental rights and should be promoted and developed. At the same time, it is important to acknowledge that the use and abuse of the digital environment by criminals means that the various tools that have been created to ensure the privacy of communication and data of the citizens are being increasingly used for criminal purposes. It is our responsibility, together, to find balance between these important public interests. 12864/20                                                                   MH/dk                    1 JAI.1              LIMITE                        EN

2.   We are determined to balance carefully the interests of protecting privacy, fundamental rights and security of communications through encryption but at the same time upholding the ability for competent authorities in the area of security and criminal justice to lawfully access relevant data for legitimate, clearly defined purposes in fighting serious and/or organized crime and terrorism, including in the digital world. 3.   We acknowledge this dilemma and are determined to find ways that will not compromise either one, upholding the principle of security through encryption and security despite encryption. Various technical options should be identified and evaluated for this purpose. 4.   DELETED 5.   We aim for a coordinated, consistent EU position on the topic of encryption because we have a joint challenge concerning encrypted data in the field of fighting terrorism, organized crime, child sexual abuse, etc. At the same time, we must value encryption as an important technology for the digital life of today and the protection of fundamental rights. We need to agree upon these complex issues and improve coordination at EU level. 6.   DELETED 7.   We would like to combine forces and build up a lasting dialogue between Member States, the technology industry, civil society and academia with regard to encryption. 12864/20                                                                  MH/dk                     2 JAI.1             LIMITE                        EN

8.   DELETED 9.   We are convinced of the importance of a continued assessment of the appropriate technical, operational and legal solutions and aspects especially given the constant development in encryption techniques. 10.  We emphasize the need for high-quality training programs for officers working on cases in the Member States to elevate the level of expertise to match that of the criminal environment. We aim to enable agencies in the Member States to be adequately familiar with the underlying technology and therefore calls on qualified European agencies and/or agencies in the Member States to step in and contribute to standardized training programs. 11.  DELETED 12.  We acknowledge the need to review the effects arising from different relevant regulatory frameworks in order to develop further a consistent regulatory framework across the EU that would allow competent authorities to carry out their operational tasks. DELETED COSI is invited to express its views on the next steps and indicate other aspects that might need to be considered for providing a follow up. 12864/20                                                                 MH/dk                     3 JAI.1             LIMITE                       EN