Expert legal Advice
Encrypted Communications
Here at Mulholland Law, we are strong advocates of the presumption of innocence and the right of all citizens to a fair trial, irrespective of who they are or what they are being accused of.
What was EncroChat and why was it targeted?
EncroChat was an encrypted communication service used by thousands across Europe, often marketed as secure and anonymous. In 2020, law enforcement agencies across Europe, coordinated by Europol, infiltrated the platform through a large-scale digital surveillance operation.
How did law enforcement gain access to EncroChat messages?
Authorities used advanced surveillance techniques—commonly referred to as “Ghost” hacks—to silently install spyware onto EncroChat devices. This allowed real-time access to messages and conversations, bypassing end-to-end encryption without the users’ knowledge.
What is meant by “Ghost” hacking?
“Ghost” hacking refers to the covert and remote installation of malware on encrypted devices, enabling law enforcement to extract and monitor data without alerting the user. These methods are often used without individual judicial warrants or direct user consent.
What was the scale of the EncroChat operation?
According to Europol, the operation led to the arrest of over 6,500 individuals, including 197 classified as High Value Targets. Authorities claim to have intercepted more than 115 million messages and seized close to €900 million in cash and assets. Over 7,100 years of imprisonment have been imposed across various jurisdictions based on evidence linked to this operation.
What types of evidence were seized?
Alongside financial assets, the operation resulted in the seizure of substantial quantities of illicit drugs, weapons, vehicles, properties, boats, and aircraft—making it one of the most significant digital interceptions in European criminal justice history.
Why is this operation controversial?
The primary concern is the legality of the surveillance methods used. Many legal professionals, human rights advocates, and data protection experts have raised questions about the lack of judicial oversight, the mass interception of private communications, and whether such evidence can be considered lawful or reliable in court.
What are the legal implications for those facing charges based on EncroChat evidence?
The admissibility of evidence obtained through covert hacking is being challenged in multiple jurisdictions. These cases raise serious concerns about due process, privacy rights, and the lawful scope of digital surveillance. Each case must be examined on its own merits, particularly in relation to how the data was obtained and used.
How can Mulholland Law assist?
At Mulholland Law, we provide expert criminal defence in cases involving encrypted communications and digital surveillance. We question the validity of evidence gathered through covert or extrajudicial methods and are committed to protecting our clients’ rights in an increasingly complex legal and technological landscape.
What legal concerns do these operations raise?
These cases involve serious questions about the lawfulness of evidence, compliance with privacy laws, judicial oversight, and the security of cross-border data handling.
Why is expert legal advice important in these cases?
Evidence obtained through covert hacking is often highly technical and potentially unlawful. Our team is experienced in challenging such evidence under the European Convention on Human Rights, GDPR, and constitutional law.
What should I do if I’m under investigation?
If you’ve been charged or contacted in connection with EncroChat or Ghost surveillance, it’s critical to act quickly. These cases demand immediate, specialist legal support.