Dear Body of European Regulators for Electronic Communications,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

1) All internal assessments, studies, or briefing papers prepared since 1 January 2020 concerning the potential impact of EU legislative or regulatory initiatives targeting encrypted communications (including but not limited to CSAM regulation, publicly often referred to as “Chat Control,” client-side scanning, or mandatory decryption) on:
- the security and resilience of electronic communications networks;
- the protection of corporate and civilian communications;
- obligations of telecom operators under EU law.

2) Any correspondence (letters, emails, meeting notes, minutes, or presentations) between BEREC and EU institutions or bodies (including DG HOME, DG JUST, EDPS, EDPB, ENISA, or the European Commission) relating to the effect of weakening or mandating access to encrypted communications on electronic communications service providers and end-users.

3) Any meeting minutes, preparatory notes, or outcome documents from the BEREC Board of Regulators or relevant Working Groups in which encrypted communications, lawful interception, or client-side scanning were discussed in the context of network resilience, privacy, or market regulation.

I request access to these documents in electronic form. Should any document be partially covered by an exception, I request partial access under Article 4(6) of Regulation 1049/2001.

Furthermore, I invoke the overriding public interest in disclosure under Article 4(2) of Regulation 1049/2001. BEREC plays a critical role in safeguarding secure and resilient communications networks across the Union. The resilience of these networks depends directly on the integrity of encrypted communications. EU citizens, corporations, and national regulators alike have a legitimate interest in understanding whether BEREC has assessed the risks of EU initiatives that could undermine encryption, thereby affecting network security, privacy, trust in electronic communications, and the internal market. This public interest outweighs any potential harm to internal consultations or to the decision-making process.

Yours faithfully,
Andrej Magyar