ECHR defends conversation encryption

On February 13, 2024, the European Court of Human Rights (ECHR) ruled in favor of a Russian Telegram user, Anton Podchasov, against the Russian Federation. The plaintiff was one of six Russian nationals targeted by an FSB (Russian domestic intelligence) investigation. In 2019, the FSB requested Telegram provide decryption keys to his private conversations.

The demand was made based on a 2017 Russian law that requires all platforms to provide the keys to authorities upon request. Anton Podchasov then filed a suit with the ECHR. He deemed the law contrary to Article 8 of the European Convention on Human Rights, which protects privacy rights. Russia was at the time a member of the ECHR. Its exit from the institution in 2022, following the invasion of Ukraine, did not stop the legal process.

Back in 2019, Telegram had not responded favorably to the FSB’s request. Indeed, the messaging service’s encryption system does not give the company access to specific conversation keys. Telegram pointed out that, in order to decrypt any one exchange, the company would have had to install a backdoor, thereby putting the secrecy of all conversations at risk.

The ECHR thus confirmed the validity of Anton Podchasov and Telegram’s arguments. Its decision explains that the Russian legal system, “which allows authorities to access, in sweeping fashion and without sufficient safeguards, the contents of electronic conversations, is in total contradiction with the right to privacy.”

The ruling could have consequences on potential legislative changes in Europe. Indeed, in the last few years, many governments and State authorities have expressed the wish to access the contents of encrypted conversations, as part of sensitive investigations. Such desires would therefore be contrary to the European Convention on Human Rights.