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Kryptering, dekryptering och de mänskliga rättigheterna

Holmgren, Johan LU (2012) JURK01 20121
Department of Law
Abstract (Swedish)
This essay treats a topic which according to me is neglected in the legal research – encryption and the new technical possibilities it creates – which in a rapid pace obstructs the authorities capabilities to collect evidence.

In my essay I examine English legislation which in certain parts is designed as a response to encryption, and thereafter I analyze how the legislation corresponds to the human rights in the form of the European Convention. This is done by investigating several cases from the European Court of Human Rights and national courts.

I conclude that the legislation intrudes on the human rights in the form of Article 6 about the right to a fair trial. Several cases from the European Court of Human Rights suggest that... (More)
This essay treats a topic which according to me is neglected in the legal research – encryption and the new technical possibilities it creates – which in a rapid pace obstructs the authorities capabilities to collect evidence.

In my essay I examine English legislation which in certain parts is designed as a response to encryption, and thereafter I analyze how the legislation corresponds to the human rights in the form of the European Convention. This is done by investigating several cases from the European Court of Human Rights and national courts.

I conclude that the legislation intrudes on the human rights in the form of Article 6 about the right to a fair trial. Several cases from the European Court of Human Rights suggest that the right to silence and the right not to bring evidence against oneself are the key elements of Article 6, and to be forced to reveal the password to the encrypted information must, in my opinion, be in complete violation with those rights.

An important aspect of the European Court practice is the rejection of arguments about national security and the combat against terrorism, these are aspects that I feel are very common nowadays when a government wants to introduce new legislation restricting the human rights.

The essay concludes with a section where I present my own thoughts about how the legislator can address the problem without violating any human rights. (Less)
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author
Holmgren, Johan LU
supervisor
organization
course
JURK01 20121
year
type
M2 - Bachelor Degree
subject
keywords
Encryption, Human rights, RIPA, AES256, right to silence Kryptering, mänskliga rättigheter, rätten till tystnad
language
Swedish
id
3046392
date added to LUP
2013-05-22 15:42:38
date last changed
2013-05-22 15:42:38
@misc{3046392,
  abstract     = {This essay treats a topic which according to me is neglected in the legal research – encryption and the new technical possibilities it creates – which in a rapid pace obstructs the authorities capabilities to collect evidence.

In my essay I examine English legislation which in certain parts is designed as a response to encryption, and thereafter I analyze how the legislation corresponds to the human rights in the form of the European Convention. This is done by investigating several cases from the European Court of Human Rights and national courts. 

I conclude that the legislation intrudes on the human rights in the form of Article 6 about the right to a fair trial. Several cases from the European Court of Human Rights suggest that the right to silence and the right not to bring evidence against oneself are the key elements of Article 6, and to be forced to reveal the password to the encrypted information must, in my opinion, be in complete violation with those rights. 

An important aspect of the European Court practice is the rejection of arguments about national security and the combat against terrorism, these are aspects that I feel are very common nowadays when a government wants to introduce new legislation restricting the human rights. 

The essay concludes with a section where I present my own thoughts about how the legislator can address the problem without violating any human rights.},
  author       = {Holmgren, Johan},
  keyword      = {Encryption,Human rights,RIPA,AES256,right to silence Kryptering,mänskliga rättigheter,rätten till tystnad},
  language     = {swe},
  note         = {Student Paper},
  title        = {Kryptering, dekryptering och de mänskliga rättigheterna},
  year         = {2012},
}