The CJEU Ruled that the EncroChat Data can be Admissible Evidence in the EU

Abstract The Court of Justice of the European Union ruled, in Case C-670/22 Staatsanwaltschaft Berlin v M.N. (EncroChat), that a public prosecutor’s office may also request a European Investigation Order without a court order to obtain encrypted data from another EU Member State, and use it as evidence in cross-border crimes and criminal cases. The decision resolved a dispute between German courts regarding the compatibility and legality of gathering and using data from an encrypted communication network named “EncroChat,” in a drug trafficking and cybercrime investigation by the French authorities as evidence in criminal cases. The case note analyses how the CJEU interprets the European Investigation Directive regarding the admissibility of evidence in court and assesses whether the ruling adequately safeguards the defendant’s rights and provides a fair trial under EU law. The case note analyses the implications of C-670/22-M.N. (EncroChat) for cross-border crime prosecution and judicial cooperation across the EU, and it discusses how it could lead to the establishment of new modality for evidence admissibility under the European Investigation Directive.