Encrypted Data Row

11 March 2016

Aaron Pearson, Director and Solicitor at Three Graces Legal, looks at the ongoing data encryption row in the U.S.

As we hurtle through the first quarter of 2016, and ever closer to the EU General Data Protection Regulations, we still find ourselves in a state of confusion as to what is to be implemented.

Now, the head of GCHQ has had his say on the issue of ‘encryption and privacy’ and the threat that all companies face from ‘terrorists and criminals’ who use the internet as a way to access confidential information.

Mr Robert Hannigan was speaking at the Massachusetts Institute of Technology and he suggested that “all sides should tackle the problem together and end the ongoing row over encryption of data”.

The differences between security services and companies has increased since the legal battle between the FBI and Apple over the right to access data on the iPhone of Syed Rizwan Farook, who shot 14 people dead in California in December of 2015.

The fact Mr Hannigan, felt it was suitable to speak out publicly against the ongoing row, highlights the severity of the issue, and the need for amicable and successful resolution between the parties involved. 

“It seems we remain at an impasse” said Aaron Pearson, Director at Three Graces Legal. “This could easily rumble on to the Court of Appeals for the Ninth Circuit, the court which handles these sorts of issues on the US West Coast.

If that court backs the FBI, and Apple again refuses, it could eventually reach the US Supreme Court, whose decision will ultimately be final. That could take several years. Ultimately, the outcome could have a far-reaching impact including for us on this side of the pond.”