The European Court of Human Rights delivered a judgment in the case of Podchasov v. Russia (no. 33696/19), scrutinizing Russia’s data storage laws and their alignment with privacy rights. The case involved Mr. Podchasov, a Telegram user, whose refusal to provide encryption keys to the Federal Security Service led to fines and the blocking of Telegram in Russia. Podchasov argued that giving up encryption keys would compromise privacy rights, but Russian courts dismissed his challenges, asserting that the orders did not infringe on his rights.

The ECtHR examined Russia’s requirements for Internet communication organizers to store data and grant authorities access to communications, including decrypting encrypted messages. The Court found that these practices interfered with the right to privacy under Article 8 of the European Convention on Human Rights, affecting all users and communications without specific suspicion. The ECtHR acknowledged legitimate aims such as national security but criticized the lack of judicial oversight, risking potential abuse and undermining encryption. Ultimately, the Court concluded that Russia’s laws surpassed what was necessary in a democratic society, resulting in a violation of Article 8 of the ECHR and a lack of effective domestic remedy under Article 13.