European Union prosecutors are calling for stricter measures against messaging services that limit data retention, potentially affecting popular apps like WhatsApp, Signal, Telegram, and Threema.
The EU High Level Group on Data Access for Law Enforcement (HLG) released a report highlighting challenges faced by authorities when investigating crimes involving these internet-based communication services, also known as "over-the-top" (OTT) providers.
Unlike traditional telecom companies, these messaging services often operate with minimal data storage practices and are frequently based outside EU jurisdiction. This approach, while privacy-friendly, creates obstacles for law enforcement agencies seeking information for criminal investigations.
The working group recommends that EU member states should have the power to impose penalties on uncooperative service providers. Proposed sanctions include restricting their business operations in the EU market through network-level blocks or app store removals, and even potential prison sentences for responsible parties.
The report specifically points to the UK's Investigatory Powers Act as a model, noting its framework for lawful interception of OTT communications has proven valuable for crime prevention and investigation.
A key concern highlighted in the report is the growing adoption of end-to-end encryption, which prosecutors argue could hinder their ability to access communication data. However, cybersecurity experts contest this view, warning that building surveillance capabilities into encryption systems could create dangerous vulnerabilities.
The group suggests implementing "lawful access by design" principles and calls for harmonized EU-wide data retention laws. They propose that by 2025, the EU should establish guidelines for real-time access to connection and location information.
This push for increased surveillance capabilities faces opposition from privacy advocates and technology experts who maintain that weakening encryption protection would compromise user security across the board.
The debate reflects an ongoing tension between law enforcement's desire for access to digital communications and the fundamental privacy rights of EU citizens, with no clear resolution in sight.