Legal experts challenge use of encrypted app data in criminal trials

Legal experts are raising concerns regarding the use of data from encrypted communication applications, such as Sky ECC, EncroChat, and ANOM, in criminal investigations across Europe. Defense attorneys argue that the reliance on processed digital data rather than original sources may undermine the right to a fair trial and the principle of judicial control.

A group of international lawyers, including specialists from Montenegro, Germany, the Netherlands, Italy, France, and Belgium, have highlighted that criminal defense has become a transnational issue. They emphasize that international trust between states should not replace strict judicial oversight and the ability of the defense to verify how digital evidence is obtained, processed, and preserved.

Recent European court rulings are prompting questions about the authenticity and interception methods of these messages, which have long been treated as nearly irrefutable evidence in organized crime cases. The debate focuses on whether these digital records will remain cornerstone evidence or become the weakest point in numerous indictments.