Encryption backdoors on trial: the Telegram case before the European Court of Human Rights

This article examines the tension between national security interests and individual privacy rights in the context of encryption technologies. It focuses on the European Court of Human Rights’ decision in Podchasov v. Russia, which addressed the legality of mandatory encryption backdoors and data retention laws. The Court’s decision underscores the crucial role of strong encryption in protecting fundamental rights in the digital age, particularly privacy and freedom of expression. The judgment criticises indiscriminate surveillance practices and disproportionate data retention measures as violations of the European Convention on Human Rights. By analysing international instruments and case law, it highlights the growing consensus on the importance of encryption for the protection of human rights. The implications of this landmark decision for future legislation and digital rights in Europe are discussed, highlighting the need for a balanced approach that respects both security needs and individual freedoms.