EncroChat – A Judicial Chronology

The EncroChat investigation marks a turning point in European criminal justice, revealing unprecedented legal and technical challenges that arose from the hacking of encrypted communication devices (“cryptophones”). The operation originated in France and escalated with the deployment of Trojan-style malware, which enabled the collection of data from over 66,000 cryptophone users worldwide. This article provides a detailed timeline of the case, tracing its development from national proceedings to significant rulings by the European Court of Justice and the European Court of Human Rights. It examines the former’s interpretation of the Directive on the European Investigation Order and the latter’s rejection of challenges arising from the European Convention on Human Rights. By bridging French and European case law and literature, this article fills a gap in existing literature and contributes to ongoing discussions on digital surveillance, privacy, and procedural safeguards in transnational criminal investigations.