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The Investigatory Powers Tribunal has handed down its decision on 11 Lead Claims that sought to challenge the National Crime Agency's obtaining and use of data from the EncroChat encrypted communications network.
EncroChat was a bespoke encrypted communications platform: users were provided with modified mobile phones that were designed with physical privacy protections — their cameras and GPS functionality were physically removed — and contained a hidden feature offering a secret communications platform. Access to EncroChat was obtained by cyber specialists working for French and Dutch authorities and the product from it was distributed to law enforcement agencies across Europe (in the UK: to the NCA). Last year, the NCA said in the UK there had been 2,864 arrests, and that police had seized more than 9,296kg of Class A drugs, alongside almost £77 million in criminal cash.
The Tribunal's decision has been widely reported – see, for example here and here.
A copy of the Tribunal's judgment can be found here.
Jason acted as Counsel to the Investigatory Powers Tribunal.
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