A new European Union resolution could target end-to-end encryption applications, which the organisation says pose a risk to national security. 

The international integration and governance organization for European countries, the European Union, is considering banning messaging and communication apps that use end-to-end encryption techniques, the report shows. blotter of a new resolution issued by the organization. 

End-to-end encrypted communication services use advanced encryption techniques. cryptography which guarantee the security and privacy of conversations. For example, WhatsApp, one of the most popular instant messaging services in the world, which uses this method to protect its users, secures conversations between two people or a group of people through these techniques, so that they are only read by the parties involved, without interference from governments or other companies. In fact, Facebook, which is the owner of this messaging service, also does not have access to WhatsApp users' conversations, so they enjoy absolute privacy in their conversations. 

And although privacy is a fundamental right of citizens worldwide, which the European Union recognizes as an important right to protect and guarantee through encryption techniques, the organization also expresses that it is important for governments and governmental organizations to know the information that is transmitted through these types of applications, in order to guarantee and safeguard national security. Therefore, messaging services and other applications that use end-to-end encryption could be banned within the countries that make up the EU, as indicated in the recently published draft. 

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National Security vs Privacy

Since cryptography ceased to be a security mechanism exclusive to governments and nations, and began to be implemented in products and services accessible to ordinary people, the great debate began about the right to privacy of citizens and the duty of governments to guarantee and maintain national security. 

While encryption techniques allow citizens to enjoy their right, it is the use to which many may put them that worries governments. The European Union cites that encryption can allow malicious actors to carry out illicit and criminal activities, such as the recent attack in Vienna, which left four people dead. Given the possibility that similar attacks may be carried out in the future, the European Union stresses the need to find a balance between user privacy and the need for national security. The organization points out that governments can legally access private conversations, to prevent terrorist activities from being orchestrated, or if they are planned, to be able to intervene in a timely manner. 

“For law enforcement, access to electronic evidence is not only essential to conduct successful investigations and thus bring criminals to justice, but also to protect victims and help ensure safety.”

The organisation also notes that it continues to promote and strengthen strong encryption as the “anchor of trust in digitalisation and in the protection of citizens’ fundamental rights”. 

Encryption, present in all areas of today's society

In its statement, the European Union highlights that encryption techniques are increasingly used today, and that they are part of almost all areas of society, both in public and private life. From government platforms and electronic devices, to messaging applications and other digital services, encryption is present to guarantee the privacy, confidentiality, security and integrity of conversations, files and data that are shared or managed through these applications and the Internet.

This is a security and protection mechanism from which we all benefit, but in the opinion of the organisation, it can also encourage malicious actors to carry out criminal activities. For this reason, the EU points out that it is necessary and essential for national security to recognise that the competent authorities must be able to access data, files and private conversations, although this possibility sets off all the alarms of privacy and cybersecurity defenders. 

“Competent authorities must be able to access data in a lawful and targeted manner, in full compliance with fundamental rights and the data protection regime, while safeguarding cybersecurity.”

Although the EU draft does not specify that encryption services will be banned within its jurisdiction, such a possibility exists in the future, sharing the view that other countries have regarding services that use end-to-end encryption. For example, the United States, Canada, Great Britain, Australia, India, Japan and New Zealand have spoken out against such services and applications, stating that such privacy techniques are a high risk for the national security of their nations. 

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