Europol response to the JHA Council Encryption of Data Questionnaire

Response to this request is long overdue. By law, under all circumstances, European Police Office should have responded by now (details). You can complain by requesting an internal review.

Dear European Police Office,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and specified in Article 45 of the Europol Council Decision of 6 April 2009 and Management Board implementing rules of 8 July 2009, I am requesting documents relevant to the questionnaire circulated by the Council of the EU in September 2016 - the Encryption of Data Questionnaire 12368/16. Specifically, the following documents:

--your agency’s response to the “The Encryption of Data Questionnaire 12368/16”
--relevant communication between your agency and the JHA Council concerning the questionnaire
--supplementary documents you have submitted to the inquiry of the JHA Council into encryption

The Encryption of Data Questionnaire 12368/16, was declassified by the Council in October and the responses have largely been made public; to that end, all responses should be accessible to all stakeholders, especially academics and civil society, for further analysis and better understanding of the decision-making process. From that questionnaire:

"To prepare the follow-up in line with the Justice Ministers' discussion, the Presidency has prepared a questionnaire to map the situation and identify the obstacles faced by law enforcement authorities when gathering or securing encrypted e-evidence for the purposes of criminal proceedings. On the basis of the information be gathered from Member States' replies, the Presidency will prepare the discussion that will take place in the Friends of the Presidency Group on Cyber Issues and consequently in CATS in preparation for the JHA Council in December 2016."

Yours faithfully,
Lucie Krahulcova on behalf of,
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