Russian law requiring messaging services to decipher conversations undermined by European justice

The European Court of Human Rights has reaffirmed the need to protect the encryption of conversations in messaging applications in a decision delivered on February 13, 2024. This concerns a Russian applicant (Anton Valeryevich Podchaso), a user of the Telegram messaging system, who attacked Russia claiming that its legislation on access to electronic communications violated Article 8 of the Convention European Union of Human Rights which protects the right to respect for private life.

As a reminder, until March 2022, Russia was a member of the Council of Europe, an international organization for the protection of human rights which brings together 46 member states, 27 of which are members of the European Union. It is because the case began before its exclusion following the invasion of Ukraine that the Court is competent to deliver its verdict.

Telegram opposes FSB disclosure order

Under national laws, in July 2017, the Russian security services (FSB) ordered the Telegram messaging service to disclose “technical information” to facilitate the decryption of communications concerning users accused of being linked to terrorist activities. The FSB relied on court rulings which authorized the decryption. Telegram refused to comply with this disclosure order explaining that it was impossible to execute without creating a back door, which would weaken the confidentiality of the exchanges of all users of the service.

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