Statement of principles on access to evidence and encryption
3 Sep 2018
Principles and Recommendations
Statement of Principles on Access to Evidence and Encryption adopted by the Five Country Ministerial of 2018 underlines that privacy is not absolute in the physical world if so a court authorizes. The group of countries stated that court decisions about legitimate access to data must be upheld, otherwise law enforcement is unable detect and pursue criminals, including child sex offenders, terrorists and organized crime groups hiding behind encryption. The statement affirms three principles in relation to encryption that each of the Five Eyes jurisdictions will consider how best to implement:
– The principle of mutual responsibility (providers of information and communications technology and services are subject to law and obliged to assist with the execution of lawful orders, while governments should understand that in rare cases access to information is not possible);
– The rule of law and due process protections are paramount in lawfully accessing information.
– Service providers should create lawful access solutions to their products and services, and should governments continue to meet obstacles to lawful access to information, they may pursue other means to achieve said access.