Index on Censorship has published an opinion by Phillippa Kaufmann KC and Aidan Wills on OFCOM’s characterisation of end-to-end encryption (E2EE) as a “risk factor” for communication service providers in its draft guidance under the Online Safety Act 2023.
The opinion addresses the legal implications of E2EE being treated as a risk factor. It also considers the status of E2EE under the right to private life and correspondence following the European Court of Human Rights’ 2024 decision in Podchasov v Russia. The opinion concludes that OFCOM’s draft guidance does not contain sufficient recognition of the risks to this right which would arise from service providers taking measures (in response to mandatory risk assessments or otherwise) that undermine E2EE.
Index on Censorship’s statement on the opinion can be found here and Jemimah Steinfeld’s (CEO of Index of Censorship) article in Prospect discussing the opinion is here.