The European Court of Human Rights published a ruling in the case “Anton Podchasov v. Russian Federation,” part of a series of complaints in connection with the FSB’s demand to provide keys for decrypting Telegram messages. “Network Freedoms” drew attention to the decision.
The ECHR ruling notes that the requirements for “organizers of Internet communications” adopted as part of the “Yarovaya package” threaten the safety of Internet users and violate the right to privacy (Article 8 of the European Convention on Human Rights).
The court also noted that security forces can abuse their powers within the framework of the “Yarovaya package” and that Russian legislation does not provide adequate and sufficient guarantees against such abuses.
In particular, despite the fact that access to Internet correspondence is possible only with judicial permission, Russian intelligence services are not required to present such permission when requesting a provider. In addition, according to the ECHR, the requirement to use backdoors, without which it is impossible to access messages in secret Telegram chats, affects all users without exception, and not just criminals. Therefore, among other things, it can lead to massive and indiscriminate surveillance of users’ personal correspondence.
The complaint “Anton Podchasov v. Russian Federation” was filed with the ECHR shortly after the authorities announced plans to block Telegram in Russia. The reason for this decision was the refusal of the creator of the messenger, Pavel Durov, to hand over the encryption keys used for secret chats to the Russian security forces. The confrontation between Telegram and the FSB led to unsuccessful attempts to block the messenger.
In 2018, Roskomsvoboda, on behalf of Telegram users, filed a class action lawsuit in Russian courts, but it was not accepted for consideration, as a result of which the plaintiffs’ lawyers reached European Court of Human Rights. In 2020, Roskomnadzor, without explanation, announced the cessation of attempts to block the messenger. Despite this, consideration of complaints from Telegram users to the ECHR continues.