World map of encryption laws and policies

Encryption is a crucial enabler of the rights to privacy and freedom of expression. But around the world, its legal situation varies. Some countries guarantee a general right to encryption; in others, it is severely restricted. To help human rights defenders navigate this complicated landscape, GPD has created this easy-to-use interactive world map of national encryption laws and policies.

  • Looking for a birds’ eye view? By clicking the filters at the top of the map, you can see at a glance all the countries which have, for example, a general right to encryption guaranteed in law; or find out which countries place controls on the import and export of encryption technologies. (tip: hovering over the information symbol will give you more detail on what each filter means)
  • Want details on the situation in a specific country? Just click it on the map (or use the drop down in the bottom left corner) and you’ll find a full rundown of all the relevant policies and laws.

While we seek to make this map accurate and up to date, if you spot any inaccuracies (or have additional information), let us know by emailing richard{at}gp-digital.org.​

This map accompanies GPD’s Travel Guide to Encryption Policy for human rights defenders – a comprehensive, accessible guide to the technology behind encryption, the key debates, why it relates to human rights, and where – and how – you can engage.

List of Countries

Afghanistan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Albania

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Algeria

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

While ICT providers are not required to turn over source codes or encryption keys, all hardware and software imported to Algeria must be approved by the Agency for Regulation of Post and Telecommunication, under the Ministry of Post, Information Technology and Communication.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Andorra

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Angola

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Antigua and Barbuda

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Argentina

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Armenia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Australia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Crimes Act 1914: Section 3LA (inserted by the Cybercrimes Act 2001) allows a law enforcement officer, subject to obtaining a warrant from a magistrate, to require a person to “provide any information or assistance that is reasonable and necessary to allow a constable to”: (a) access data held in, or accessible from, a computer or data storage device that (i) is on warrant premises; or (ii) is at a place for examination or processing; or (iii) has been seized under the Act, (b) copy data held in, or accessible from, such a computer, or data storage device to another data storage device, (c) convert into documentary form or another form intelligible to a constable: (i) data held in, or accessible from, such a computer, or data storage device or (ii) data held in a data storage device to which the data was copied as described in paragraph (b); or (iii) data held in a data storage device removed from warrant. Failure to comply is punishable with up to two years’ imprisonment.

Obligations on individuals to assist authorities

Crimes Act 1914: Section 3LA (inserted by the Cybercrimes Act 2001) allows a law enforcement officer, subject to obtaining a warrant from a magistrate, to require a person to “provide any information or assistance that is reasonable and necessary to allow a constable to”: (a) access data held in, or accessible from, a computer or data storage device that (i) is on warrant premises; or (ii) is at a place for examination or processing; or (iii) has been seized under the Act, (b) copy data held in, or accessible from, such a computer, or data storage device to another data storage device, (c) convert into documentary form or another form intelligible to a constable: (i) data held in, or accessible from, such a computer, or data storage device or (ii) data held in a data storage device to which the data was copied as described in paragraph (b); or (iii) data held in a data storage device removed from warrant. Failure to comply is punishable with up to two years’ imprisonment.

Other restrictions

No known legislation or policies.

Austria

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies. Specifically, neither the E-Commerce Act (BGBl. I Nr. 152/2001) nor the Telecommunication Act (BGBl. I Nr. 70/2003) restrict the use of encryption.

Azerbaijan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Bahamas

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Computer Misuse Act 2003 (Chapter 107A): Section 16(1) allows a police officer or other person authorised in writing by the Commissioner of Police, pursuant to a warrant obtained by a magistrate (under section 70 of the Criminal Procedure Code), to access “any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence” or “to require any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence”. Failure to comply is punishable with up to three years’ imprisonment or a fine of up to BSD 10,000.

Obligations on individuals to assist authorities

Computer Misuse Act 2003 (Chapter 107A): Section 16(1) allows a police officer or other person authorised in writing by the Commissioner of Police, pursuant to a warrant obtained by a magistrate (under section 70 of the Criminal Procedure Code), to access “any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence” or “to require any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence”. Failure to comply is punishable with up to three years’ imprisonment or a fine of up to BSD 10,000.

Other restrictions

No known legislation or policies.

Bahrain

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Law No. (60) of 2014 On Information Technology Crimes: Article 9 criminalises the use of encryption in order to commit or to conceal any criminal offences, punishable by imprisonment and a fine not exceeding BHD 100,000.

Bangladesh

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Barbados

General right to encryption

Electronic Transactions Act, 2001 (CAP 308B): Section 21(2) makes clear that, subject to any regulations made under section 21(1), a person can use any encryption programme or product of any bit size or other of measure of strength that they lawfully possess.

Mandatory minimum or maximum encryption strength

Electronic Transactions Act, 2001 (CAP 308B): Section 21(1) permits the government to make regulations (a) respecting the use, import and export of encryption programmes or other encryption products, and (b) prohibiting the export of encryption programmes or other encryption products from Barbados generally, or subject to such restrictions as may be prescribed. However, section 21(2) makes clear that, subject to any regulations made under section 21(1), a person can use any encryption programme or product of any bit size or other measure of strength that they lawfully possess.

No regulations so far appear to have been made under section 21(1).

Licensing/registration requirements

Electronic Transactions Act, 2001 (CAP 308B): Section 21(1) permits the government to make regulations (a) respecting the use, import and export of encryption programmes or other encryption products, and (b) prohibiting the export of encryption programmes or other encryption products from Barbados generally, or subject to such restrictions as may be prescribed. However, section 21(2) makes clear that, subject to any regulations made under section 21(1), a person can use any encryption programme or product of any bit size or other measure of strength that they lawfully possess.

No regulations so far appear to have been made under section 21(1).

Import/export controls

Electronic Transactions Act, 2001 (CAP 308B): Section 21(1) permits the government to make regulations (a) respecting the use, import and export of encryption programmes or other encryption products, and (b) prohibiting the export of encryption programmes or other encryption products from Barbados generally, or subject to such restrictions as may be prescribed. However, section 21(2) makes clear that, subject to any regulations made under section 21(1), a person can use any encryption programme or product of any bit size or other measure of strength that they lawfully possess.

No regulations so far appear to have been made under section 21(1).

Obligations on providers to assist authorities

Computer Misuse Act 2005: Section 15(2) allows a police officer, subject to obtaining a warrant from a magistrate, to “have access to any information, code or technology which has the capability of transforming or converting an encrypted programme or data held in or available to the computer into readable and comprehensible format or text, for the purpose of investigating any offence under this Act” and “convert an encrypted programme or data held in another computer system at the place specified in the warrant, where there are reasonable grounds for believing that computer data connected with the commission of the offence may be stored in that other system”. The magistrate needs to be satisfied that there are reasonable grounds for suspecting that an offence under the Act has been or is about to be committed in any place and that evidence that such an offence has been or is about to be committed is in that place (s. 15(1)). Failure to comply is punishable by imprisonment for up to 18 months or a fine of up to BBD 15,000 (s. 15(4)).

Section 16(1) also allows that police officer to require “access to decryption information necessary to decrypt computer data required for the purpose of investigating the commission of [an] offence” from any person “in possession or control of a computer data storage medium or computer system”. Again, failure to comply is punishable by imprisonment for up to 18 months or a fine of up to BBD 15,000.

Obligations on individuals to assist authorities

Computer Misuse Act 2005: Section 15(2) allows a police officer, subject to obtaining a warrant from a magistrate, to “have access to any information, code or technology which has the capability of transforming or converting an encrypted programme or data held in or available to the computer into readable and comprehensible format or text, for the purpose of investigating any offence under this Act” and “convert an encrypted programme or data held in another computer system at the place specified in the warrant, where there are reasonable grounds for believing that computer data connected with the commission of the offence may be stored in that other system”. The magistrate needs to be satisfied that there are reasonable grounds for suspecting that an offence under the Act has been or is about to be committed in any place and that evidence that such an offence has been or is about to be committed is in that place (s. 15(1)). Failure to comply is punishable by imprisonment for up to 18 months or a fine of up to BBD 15,000 (s. 15(4)).

Section 16(1) also allows that police officer to require “access to decryption information necessary to decrypt computer data required for the purpose of investigating the commission of [an] offence” from any person “in possession or control of a computer data storage medium or computer system”. Again, failure to comply is punishable by imprisonment for up to 18 months or a fine of up to BBD 15,000.

Other restrictions

No known legislation or policies.

Belarus

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

Resolution of the Council of Ministers of the Republic of Belarus No. 218 of 18 March 1997: The import and export of cryptography is restricted and requires a license from the Ministry of Foreign Affairs or the State Center for Information Security of the Security Council.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Belgium

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Code of Criminal Investigation: Article 88 (fourth), inserted by the Loi du 28 novembre 2000 relative à la criminalité informatique, allows an investigating judge or police officer to order a person to decrypt decrypted data where he knows how to do so. Failure to comply is punishable by imprisonment of between six months and one year and/or a fine.

Obligations on individuals to assist authorities

Code of Criminal Investigation: Article 88 (fourth), inserted by the Loi du 28 novembre 2000 relative à la criminalité informatique, allows an investigating judge or police officer to order a person to decrypt decrypted data where he knows how to do so. Failure to comply is punishable by imprisonment of between six months and one year and/or a fine.

Other restrictions

No known legislation or policies.

Belize

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Benin

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Bhutan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Bolivia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Bosnia and Herzegovina

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Botswana

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Brazil

General right to encryption

Marco Civil da Internet (Law No. 12.965): Article 7(III) guarantees the inviolability and secrecy of user communications online, permitting exceptions only by court order.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Brunei

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Computer Misuse Act 2007 (Chapter 194): Section 18(1) allows a police officer or other person authorised by the Commissioner of Police, and with the consent of the Public Prosecutor, to (a) be entitled at any time to (iii) “have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence under this Act or any other offence which has been disclosed in the course of the lawful exercise of the powers under this section” and (b) be entitled to require (c) “any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence”. Failure to comply is punishable by up to three years’ imprisonment and/or a fine of up to BND 10,000 (s. 18(4)).

Obligations on individuals to assist authorities

Computer Misuse Act 2007 (Chapter 194): Section 18(1) allows a police officer or other person authorised by the Commissioner of Police, and with the consent of the Public Prosecutor, to (a) be entitled at any time to (iii) “have access to any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence under this Act or any other offence which has been disclosed in the course of the lawful exercise of the powers under this section” and (b) be entitled to require (c) “any person in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence”. Failure to comply is punishable by up to three years’ imprisonment and/or a fine of up to BND 10,000 (s. 18(4)).

Other restrictions

No known legislation or policies.

Bulgaria

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Burkina Faso

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Burundi

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Cambodia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Cameroon

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Canada

General right to encryption

There is no specific right to encryption, however the Canadian Charter of Rights and Freedoms protects the right to “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” (section 2(b)) and that “everyone has the right to be secure against unreasonable search or seizure” (section 8). The government of Canada has recognised that these rights would be engaged by any restrictions relating to encryption.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

Section 3 of the Export and Import Permits Act allows the government to establish an Export Control List, setting out restrictions on the export of certain articles. Items on the list must generally be authorised by an export permit before they can be exported from Canada, and include certain forms of cryptography. A permit is not required, however, if the cryptographic item is being exported to the USA, nor if the cryptographic item is one that is marketed to the general public.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

There is no legislative power which can be used to require individuals to decrypt encrypted communications. Indeed, in R v. Boudreau-Fontaine (2010 QCCA 1108), the Quebec Court of Appeal found that an order compelling an individual to provide a password violated his constitutional rights, including his rights to silence and against self-incrimination. Various lower courts have followed this decision, although the Supreme Court of Canada has not ruled on this issue. The federal government has also recognised that it has no legislative authority to compel individuals to provide a password in the course of a criminal investigation.

In some cases, however, law enforcement may attempt, using various technical and investigative means to circumvent the protections afforded by encryption or to acquire an individual’s private key or password. When an individual has a reasonable expectation of privacy in the information sought, the constitution generally requires law enforcement to secure prior judicial authorisation (normally on a “reasonable grounds to believe” standard) for the search, seizure, or interception of the data sought. In some cases, additional legal safeguards may also apply.

Depending on the technical infrastructure in question, in certain cases assistance orders (section 487.014 of the Criminal Code) or production orders (section 487.02 of the Criminal Code) against third parties (including service providers) may be used to facilitate attempts by law enforcement to access to encrypted data.

Section 8 of the Canadian Charter of Rights and Freedoms requires not only that the search is reasonable, but that the search is conducted in a reasonable manner. This aspect of the section 8 analysis may serve to limit certain methods of circumventing encryption which are clearly disproportionate or prejudicial. Evidence obtained in breach of a Charter right can be excluded subject to section 24(2) of the Charter.

Other restrictions

No known legislation or policies.

Cape Verde

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Central African Republic

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Chad

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Chile

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

China

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

State Council Order No. 273, “Commercial Use Password Management Regulations” (1999): Officially designated manufacturers must obtain approval from the State Encryption Management Commission / State Cryptography Administration (OSCCA) for the type and model (including key length) of their crypto products.

Import/export controls

State Council Order No. 273, “Commercial Use Password Management Regulations” (1999): The import and export of encryption products requires a license by the State Encryption Management Commission.

Obligations on providers to assist authorities

Counter-Terrorism Law: Technology firms are required to help decrypt information, but not to install security “backdoors”, as had originally been planned.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

State Council Order No. 273, “Commercial Use Password Management Regulations” (1999): Organisations and individuals may not distribute encryption products produced abroad. People may only use encryption products approved by the Commission, and they may not use commercial encryption products developed by themselves or produced abroad. For this use, they must have approval by the Commission. Only foreign diplomatic missions and consulates are exempted from this approval.

Colombia

General right to encryption

There is no general right to encryption, however Law No. 1621 of 2013, which regulates intelligence activities, provides at Article 44, paragraph 2, that telecommunications services providers must offer encrypted voice call service to high government and intelligence officials.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Law 104 of 1997: Article 103, paragraph 4 prohibits subscribers, licensees and other persons authorised to use certain radiocommunications systems (including pagers and mobile phones) from sending messages which are encrypted or in an “unintelligible language”. It is not clear if this prohibition extends to encrypted communications on the internet.

Comoros

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Costa Rica

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Cote d’Ivoire

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Croatia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Act

Article 257(1) provides that the search of a movable object includes the search of a computer and connected devices, as well as devices which collect, store and transmit data. Where the person or body undertaking the search so requests, “the person who uses a computer or has access to a computer, other device or computer-data storage medium, and the provider of telecommunication services shall be obliged to enable access to a computer, device or a computer-data storage medium and to provide necessary information for unhindered use and the realization of the aims of the search.” It is not entirely clear whether this would include a requirement to decrypt encrypted data.

Obligations on individuals to assist authorities

Criminal Procedure Act

Article 257(1) provides that the search of a movable object includes the search of a computer and connected devices, as well as devices which collect, store and transmit data. Where the person or body undertaking the search so requests, “the person who uses a computer or has access to a computer, other device or computer-data storage medium, and the provider of telecommunication services shall be obliged to enable access to a computer, device or a computer-data storage medium and to provide necessary information for unhindered use and the realization of the aims of the search.” It is not entirely clear whether this would include a requirement to decrypt encrypted data.

Other restrictions

No known legislation or policies.

Cuba

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

The law requires regulatory authorisation for those using encryption.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Cyprus

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Czech Republic

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Code of Criminal Procedure

Section 8 provides that persons (including public authorities, legal entities and natural persons) are obliged to comply with requests of authorities involved in criminal proceedings in the performance of their tasks. This could include the provision of decrypted data or encryption keys.

Act on Electronic Communications (Act No. 127/2005)

This Act requires service providers to provide data, upon the request of law enforcement agencies, in a readable decrypted way if they are able to do so.

Obligations on individuals to assist authorities

Code of Criminal Procedure

Section 8 provides that persons (including public authorities, legal entities and natural persons) are obliged to comply with requests of authorities involved in criminal proceedings in the performance of their tasks. This could include the provision of decrypted data or encryption keys.

Other restrictions

No known legislation or policies.

Democratic Republic of the Congo

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Denmark

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Administration of Justice Act: Section 804 provides that persons other than suspects and accused persons who are in possession of information relevant to an investigation can be required to hand over information, which would include decryption keys.

Act on Electronic Communications Networks and Services: Section 10 requires providers of electronic communications networks and services for end-users to enable police interceptions of communications, and to organise their switching centres, equipment and technical systems in such a way that data can be made available to police investigations. However, there is no equivalent requirement for providers on the wholesale market, such as owners of fibre-optic networks.

Obligations on individuals to assist authorities

Administration of Justice Act: Section 804 provides that persons other than suspects and accused persons who are in possession of information relevant to an investigation can be required to hand over information, which would include decryption keys.

Other restrictions

No known legislation or policies.

Djibouti

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Dominic

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Dominic Republic

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Ecuador

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Egypt

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Telecommunication Regulation Law: Article 64 provides that “Telecommunication Services Operators, Providers, their employees and Users of such services shall not use any Telecommunication Services encryption equipment except after obtaining a written consent from each of the NTRA, the Armed Forces and National Security Entities, and this shall not apply to encryption equipment of radio and television broadcasting.”

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

El Salvador

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Law on Telecommunications (Legislative Decree No. 142 of 6 November 1997): Article 42-D provides that operators of commercial telecommunications networks must decode, or ensure that the authorities can decode, any communication from a subscriber or client for the purpose of obtaining the information referred to in the previous two articles, in cases where the encryption has been provided by the service operator.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Special Law for the Interception of Telecommunications (Legislative Decree No. 285 of 18 February 2010): Article 21 provides that if material recorded in the course of an interception authorised by the law could not be translated or interpreted, in full or in part, due to encryption, protection by passwords or another similar reason, the Interception Centre shall keep the material until its translation or interpretation. The prosecutor shall indicate in detail this circumstance to the authorising judge, giving him the complete recording of the said material. Once the material is revealed, the prosecutor shall transmit a copy of it to the authorising judge.

Equatorial Guinea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Eritrea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Estonia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Code: Article 215 allows investigative authorities and prosecutors’ offices to order the production of data from any person. However, there is no requirement that such persons disclose encryption keys or passwords.

Obligations on individuals to assist authorities

Criminal Procedure Code: Article 215 allows investigative authorities and prosecutors’ offices to order the production of data from any person. However, there is no requirement that such persons disclose encryption keys or passwords.

Other restrictions

No known legislation or policies.

Ethiopia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012): Article 3(1) of the Proclamation criminalises the manufacture, assembly or import of any telecommunications equipment without a permit, punishable by “rigorous imprisonment” for between 10 and 15 years and a fine of between ETB 100,000 and ETB 150,000.

Import/export controls

Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012): Article 3(1) of the Proclamation criminalises the manufacture, assembly or import of any telecommunications equipment without a permit, punishable by “rigorous imprisonment” for between 10 and 15 years and a fine of between ETB 100,000 and ETB 150,000.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012): Article 3(1) of the Proclamation criminalises the manufacture, assembly or import of any telecommunications equipment without a permit, punishable by “rigorous imprisonment” for between 10 and 15 years and a fine of between ETB 100,000 and ETB 150,000.

Fiji

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Finland

General right to encryption

Act on the Protection of Privacy in Electronic Communications: Section 5 provides that “a user and a subscriber has the right to protect its telecommunications in the desired manner by using for this purpose the available technical possibilities”.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Coercive Measures Act: Section 23 provides that persons (including persons who maintain information systems) other than suspects/accused persons can be required to hand over passwords and decryption keys if it is necessary to conduct a search of data contained in a device.

Obligations on individuals to assist authorities

Coercive Measures Act: Section 23 provides that persons (including persons who maintain information systems) other than suspects/accused persons can be required to hand over passwords and decryption keys if it is necessary to conduct a search of data contained in a device.

Other restrictions

No known legislation or policies.

France

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Code: Article 230, modified by Law No. 2001-1062 and Law No. 2014-1353 requires the disclosure of encryption keys upon the authorisation of a judge.

Obligations on individuals to assist authorities

Criminal Procedure Code: Article 230, modified by Law No. 2001-1062 and Law No. 2014-1353 requires the disclosure of encryption keys upon the authorisation of a judge.

Other restrictions

No known legislation or policies.

Gabon

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Gambia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Georgia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Germany

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Law: There is no specific obligation with respect to providing encryption keys. However, Section 48 requires witnesses to disclose encryption keys as far as they have knowledge of them when questioned by a judge or prosecutor, and section 94 requires witnesses to provide documents or devices which contain such encryption keys when ordered to by a judge or, in certain circumstances, the police. Section 100 places a similar obligation upon service providers to provide passwords or access codes if they have them, but again only if ordered to by a judge or, in certain circumstances, the police.

Obligations on individuals to assist authorities

Criminal Procedure Law: There is no specific obligation with respect to providing encryption keys. However, Section 48 requires witnesses to disclose encryption keys as far as they have knowledge of them when questioned by a judge or prosecutor, and section 94 requires witnesses to provide documents or devices which contain such encryption keys when ordered to by a judge or, in certain circumstances, the police. Section 100 places a similar obligation upon service providers to provide passwords or access codes if they have them, but again only if ordered to by a judge or, in certain circumstances, the police.

Other restrictions

No known legislation or policies.

Ghana

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Greece

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Grenada

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Guatemala

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Guinea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Guinea-Bissau

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Guyana

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Honduras

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Hungary

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Iceland

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

India

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

Information Technology Act 2000: Section 84A allows the government to set nationally permitted methods and modes for encryption.

The Government of India, Ministry of Communications and IT, Licence Agreement for Provision of Internet Services (2007) stipulates that service providers may not deploy “bulk encryption” on their networks, while the law has also restricted individuals from using encryption greater than an easily breakable 40-bit key length without prior permission and required anyone using stronger encryption to provide the government with a copy of the encryption keys.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Information Technology Act 2000: Section 69, as amended by the Information Technology (Amendment) Act 2008, requires persons to decrypt encrypted data if called upon. Failure to do so is punishable by up to seven years’ imprisonment and/or a fine.

Obligations on individuals to assist authorities

Information Technology Act 2000: Section 69, as amended by the Information Technology (Amendment) Act 2008, requires persons to decrypt encrypted data if called upon. Failure to do so is punishable by up to seven years’ imprisonment and/or a fine.

Other restrictions

No known legislation or policies.

Indonesia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Iran

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Computer Crime Law: Article 10 criminalises “concealing data, changing passwords, and/or encoding data that could deny access of authorised individuals to data, computer and telecommunication systems.” The offence is punishable by imprisonment of between 91 days and one year or a fine of between between IRR 5,000,000 and IRR 20,000,000.

Iraq

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Ireland

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Electronic Commerce Act, 2000: Section 27(1) allows a District Court to issue a search warrant. Section 27(2) provides that such warrants authorise named officers to “seize anything found there, or anything found in the possession of a person present there at the time of the search, which that officer or member reasonably believes to be evidence of or relating to an offence under this Act and, where the thing seized is or contains information or an electronic communication that cannot readily be accessed or put into intelligible form, to require the disclosure of the information or electronic communication in intelligible form.” However, section 28 provides that this cannot be construed so as to require “the disclosure or enabling the seizure of unique data, such as codes, passwords, algorithms, private cryptographic keys, or other data, that may be necessary to render information or an electronic communication intelligible.” Failure to comply with a requirement under section 27(1) is punishable by imprisonment of up to 12 months and/or a fine.

Obligations on individuals to assist authorities

Electronic Commerce Act, 2000: Section 27(1) allows a District Court to issue a search warrant. Section 27(2) provides that such warrants authorise named officers to “seize anything found there, or anything found in the possession of a person present there at the time of the search, which that officer or member reasonably believes to be evidence of or relating to an offence under this Act and, where the thing seized is or contains information or an electronic communication that cannot readily be accessed or put into intelligible form, to require the disclosure of the information or electronic communication in intelligible form.” However, section 28 provides that this cannot be construed so as to require “the disclosure or enabling the seizure of unique data, such as codes, passwords, algorithms, private cryptographic keys, or other data, that may be necessary to render information or an electronic communication intelligible.” Failure to comply with a requirement under section 27(1) is punishable by imprisonment of up to 12 months and/or a fine.

Other restrictions

No known legislation or policies.

Israel

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Order Governing the Control of Commodities and Services (Engagement in Encryption Items) 1974: The Ministry of Defense has instituted a system of control and licensing for items of encryption.

Import/export controls

Order Governing the Control of Commodities and Services (Engagement in Encryption Items) 1974: The Ministry of Defense has instituted a system of control and licensing for items of encryption.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Italy

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Internet services providers are legally obliged to provide any available information regarding customers who are under investigation, following a court order.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Jamaica

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Interception of Communications Act: Sections 12 and 13 allow for the police, after obtaining a “disclosure order” from a magistrate, to require persons who are in possession of a key to decrypt data, to provide the decrypted data in an intelligible form or to provide the key. Failure to comply with a disclosure order is punishable with up to six months’ imprisonment and/or a fine of JMD 500,000.

Obligations on individuals to assist authorities

Interception of Communications Act: Sections 12 and 13 allow for the police, after obtaining a “disclosure order” from a magistrate, to require persons who are in possession of a key to decrypt data, to provide the decrypted data in an intelligible form or to provide the key. Failure to comply with a disclosure order is punishable with up to six months’ imprisonment and/or a fine of JMD 500,000.

Other restrictions

No known legislation or policies.

Japan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Jordan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Kazakhstan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

Law on Communications: Regulations made under new provisions in the Law on Communications require every internet user in the country to install a backdoor, allowing the government to conduct surveillance. KazakhTelecom, the country’s largest telecommunications company, has said that citizens are “obliged” to install a “national security certificate” on every device, including desktops and mobile devices. This allows the government to conduct a so-called “man-in-the-middle” attack, which allows the government to intercept every secure connection in the country and see web browsing history, usernames and passwords, and even secure and HTTPS-encrypted traffic.

Other restrictions

No known legislation or policies.

Kenya

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Kiribati

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Kuwait

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Kyrgyzstan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Laos

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Latvia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Lebanon

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Lesotho

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Liberia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Libya

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Liechtenstein

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Lithuania

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Luxembourg

General right to encryption

Law of 14 August 2000 on Electronic Commerce: Article 3 provides that “The use of cryptographic techniques is free.”

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Code of Criminal Procedure: Article 66(4) provides that an investigating judge may require a person – other than the subject of the person to whom a direction relates – who has knowledge of encryption mechanisms to provide understanding of the seized protected or encrypted data.

Obligations on individuals to assist authorities

Code of Criminal Procedure: Article 66(4) provides that an investigating judge may require a person – other than the subject of the person to whom a direction relates – who has knowledge of encryption mechanisms to provide understanding of the seized protected or encrypted data.

Other restrictions

No known legislation or policies.

Macedonia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Madagascar

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Malawi

General right to encryption

Electronic Transactions and Cyber Security Act, 2016: Section 52(4) provides that, subject to any regulations made under subregulation (1), it is lawful for any person to use encryption programme or product provided that it has lawfully come into possession of that person.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Electronic Transactions and Cyber Security Act, 2016: Section 54(1) prohibits the provision of cryptography services or products without registration. Applications must be made to the Malawi Communications Regulatory Authority (s.54(2)). The government must issue regulations (a) in respect of use, importation and exportation of encryption programmes and encryption products; and (b) prohibiting the exportation of encryption programmes or other encryption products from Malawi generally or subject to such restrictions as may be prescribed (s.54(3)).

Section 67(1) further requires a person who provides encryption services to declare to the Malawi Communications Regulatory Authority “the technical characteristics of the encryption means as well as the source code of the software used”. The government must issue regulations defining the conditions for such declarations and “may define encryption services whose technical characteristics or conditions of supply are such that, with regard to national defence or internal security interests, their provision shall not require any prior formality” (s. 67(2)).

Violation of either of these provisions is punishable by up to seven years’ imprisonment and a fine of MWK 5,000,000.

Import/export controls

Electronic Transactions and Cyber Security Act, 2016: Section 54(1) prohibits the provision of cryptography services or products without registration. Applications must be made to the Malawi Communications Regulatory Authority (s.54(2)). The government must issue regulations (a) in respect of use, importation and exportation of encryption programmes and encryption products; and (b) prohibiting the exportation of encryption programmes or other encryption products from Malawi generally or subject to such restrictions as may be prescribed.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Malaysia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Code (Act 593): Section 116B(1) requires a police officer conducting a search under the Code to be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data” (s. 116B(3)).

Computer Crimes Act 1997 (Act 563): Section 10(1)(c) allows a police officer, upon obtaining a warrant from a magistrate, to require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible. Section 11 provides that failure to comply is punishable by up to three years’ imprisonment and/or a fine of up to MYR 25,000.

Digital Signature Act 1997 (Act 562): Section 79(1) requires that a police officer conducting a search under section 77 or 78 of the Act, or an authorised officer conducting a search under section 77 of the Act, be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data (s.79(2))”. Failure to comply is punishable by imprisonment for up to four years and/or a fine of up to MYR 200,000 (s. 83(1)).

Communications and Multimedia Act 1998 (Act 588): Section 249(1) requires that a police officer conducting a search under section 247 or 248 of the Act, or an authorised officer conducting a search under section 247 of the Act, be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data” (s.79(2)). Failure to comply is punishable by imprisonment for up to six months years and/or a fine of up to MYR 20,000 (s. 253).

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670): Section 32(1) requires that an enforcement officer conducting a search under the Act be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data” (s.32(2)). Failure to comply is punishable by imprisonment for up to three years and/or a fine of up to MYR 150,000 (s. 63(1)).

Obligations on individuals to assist authorities

Criminal Procedure Code (Act 593): Section 116B(1) requires a police officer conducting a search under the Code to be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data” (s. 116B(3)).

Computer Crimes Act 1997 (Act 563): Section 10(1)(c) allows a police officer, upon obtaining a warrant from a magistrate, to require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible. Section 11 provides that failure to comply is punishable by up to three years’ imprisonment and/or a fine of up to MYR 25,000.

Digital Signature Act 1997 (Act 562): Section 79(1) requires that a police officer conducting a search under section 77 or 78 of the Act, or an authorised officer conducting a search under section 77 of the Act, be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data (s.79(2))”. Failure to comply is punishable by imprisonment for up to four years and/or a fine of up to MYR 200,000 (s. 83(1)).

Communications and Multimedia Act 1998 (Act 588): Section 249(1) requires that a police officer conducting a search under section 247 or 248 of the Act, or an authorised officer conducting a search under section 247 of the Act, be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data” (s.79(2)). Failure to comply is punishable by imprisonment for up to six months years and/or a fine of up to MYR 20,000 (s. 253).

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670): Section 32(1) requires that an enforcement officer conducting a search under the Act be given access to computerised data whether stored in a computer or otherwise. “Access” includes “being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data” (s.32(2)). Failure to comply is punishable by imprisonment for up to three years and/or a fine of up to MYR 150,000 (s. 63(1)).

Other restrictions

No known legislation or policies.

Maldives

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mali

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Malta

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Code: Section 355Q provides that the police may, in addition to the power of seizing a computer machine, require any information which is contained in a computer to be delivered in a form in which it can be taken away and in which it is visible and legible.

Obligations on individuals to assist authorities

Criminal Code: Section 355Q provides that the police may, in addition to the power of seizing a computer machine, require any information which is contained in a computer to be delivered in a form in which it can be taken away and in which it is visible and legible.

Other restrictions

Electronic Commerce Act: Section 23(7) provides that no person shall use cryptographic or other similar techniques for any illegal purpose. Doing so is an offence punishable by imprisonment of up to six months and/or a fine of up to EUR 232,935 (s. 24).

Marshall Islands

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mauritania

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mauritius

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mexico

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Micronesia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Moldova

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Monaco

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mongolia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Montenegro

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Morocco

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Law No. 53-05: Article 13 requires prior approval from the authorities in order to use cryptography (including to import or export encryption services). Use of cryptography in breach of Article 13 is punishable by up to one year’s imprisonment and a fine of MAD 100,000. Article 13 also allows the government to provide a simplified system of reporting or authorisation or exemption of the declaration or authorisation for certain types of means or cryptographic services or for certain categories of users.

Import/export controls

Law No. 53-05: Article 13 requires prior approval from the authorities in order to use cryptography (including to import or export encryption services). Use of cryptography in breach of Article 13 is punishable by up to one year’s imprisonment and a fine of MAD 100,000. Article 13 also allows the government to provide a simplified system of reporting or authorisation or exemption of the declaration or authorisation for certain types of means or cryptographic services or for certain categories of users.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Mozambique

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Myanmar

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Telecommunications Law: Section 69 suggests that decryption of encrypted data can only be required for a telecommunications-related matter prosecution and only when authorised by a court order.

Obligations on individuals to assist authorities

Telecommunications Law: Section 69 suggests that decryption of encrypted data can only be required for a telecommunications-related matter prosecution and only when authorised by a court order.

Other restrictions

No known legislation or policies.

Namibia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Nauru

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Nepal

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

New Zealand

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Section 9(1) of the Telecommunications (Interception Capability and Security) Act 2013 requires all network operators to ensure that public telecommunications networks and telecommunications services have “full interception capability”. This includes a duty to ensure that the interception capability is developed, installed, and maintained (section (9(3)).

The duty is only complied with if every surveillance agency that is authorised under an interception warrant or any other lawful interception authority to intercept telecommunications or services on that network, or the network operator concerned, is able to – amongst other things – identify and intercept telecommunications, and obtain call associated data and the content of those telecommunications (section 10(1)). Network operators must decrypt telecommunications on that operator’s public telecommunications network or telecommunications service if they have been encrypted and the network operators provided that encryption (section 10(3)). However this does not require them to decrypt telecommunications that were encrypted by a product supplied by a person other than the operator and is available to the public, or was supplied by the operator as an agent for that product (section 10(4)). Nor does it require them to ensure that surveillance agencies have the ability to decrypt any telecommunication (section 10(4)).

Together, these duties mean that network operators cannot design and implement end-to-end encryption.

Under section 24 of the Act, where a network operator or service provider is shown an interception warrant which has been issued to a surveillance authority, it must assist the surveillance agency. This assistance includes “taking all other reasonable steps that are necessary for the purpose of giving effect to the warrant or lawful authority”, including decrypting telecommunications where they have provided the encryption. As with the duties under sections 9 and 10, this does not, however, require them to decrypt telecommunications that were encrypted by a product supplied by them as an agent for that product, or supplied by another person where the product is available to the public (section 24(4)). Nor does it require them to ensure that surveillance agencies have the ability to decrypt any telecommunication (section 24(4)).

Under section 130 of the Search and Surveillance Act 2012, a person with a search power in respect of data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data. This could include a requirement that they decrypt information which is necessary to access a particular device. The search power cannot be used to require the specified person give any information tending to incriminate them (section 130(2)), however this does not prevent a person exercising a search power from requiring the specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person (section 130(3)).

It is an offence to fail to assist a person exercising a search power when requested to do so under section 130(1), without reasonable excuse, punishable with imprisonment for up to three months (section 178).

Obligations on individuals to assist authorities

Under section 130 of the Search and Surveillance Act 2012, a person with a search power in respect of data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data. This could include a requirement that they decrypt information which is necessary to access a particular device. The search power cannot be used to require the specified person give any information tending to incriminate them (section 130(2)), however this does not prevent a person exercising a search power from requiring the specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person (section 130(3)).

It is an offence to fail to assist a person exercising a search power when requested to do so under section 130(1), without reasonable excuse, punishable with imprisonment for up to three months (section 178).

Other restrictions

No known legislation or policies.

Nicaragua

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Niger

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Nigeria

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Cybercrimes (Prohibition, Prevention, etc) Act 2015: Section 45 allow a law enforcement officer, after obtaining a warrant from a judge, to “use any technology to decode or decrypt any coded or encrypted data contained in a computer into readable text or comprehensible format”. While there is no compulsion on individuals to assist by providing a key or otherwise decrypting any data, section 46 provides that wilfully obstructing any law enforcement officer in the exercise of any powers conferred by the Act or failing to comply with any lawful inquiry or resists made by any law enforcement agency in accordance with provisions of the Act is a criminal offence, punishable by imprisonment for up to two years and/or a fine of up to NGN 500,000.

Obligations on individuals to assist authorities

Cybercrimes (Prohibition, Prevention, etc) Act 2015: Section 45 allow a law enforcement officer, after obtaining a warrant from a judge, to “use any technology to decode or decrypt any coded or encrypted data contained in a computer into readable text or comprehensible format”. While there is no compulsion on individuals to assist by providing a key or otherwise decrypting any data, section 46 provides that wilfully obstructing any law enforcement officer in the exercise of any powers conferred by the Act or failing to comply with any lawful inquiry or resists made by any law enforcement agency in accordance with provisions of the Act is a criminal offence, punishable by imprisonment for up to two years and/or a fine of up to NGN 500,000.

Other restrictions

No known legislation or policies.

North Korea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Norway

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Oman

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Pakistan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

The Pakistan Telecommunication Authority requires prior approval for the use of VPNs and encryption.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Prevention of Electronic Crimes Ordinance, 2007 (Ordinance LXXII of 2007): Section 26 provides that an investigation officer, after obtaining a search warrant, shall be entitled to require any person who is in possession of decryption information of under investigation electronic system, device or data to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence. Failure to do so is punishable by up to one year’s imprisonment and/or a fine of up to PKR 100,000.

Obligations on individuals to assist authorities

Prevention of Electronic Crimes Ordinance, 2007 (Ordinance LXXII of 2007): Section 26 provides that an investigation officer, after obtaining a search warrant, shall be entitled to require any person who is in possession of decryption information of under investigation electronic system, device or data to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence. Failure to do so is punishable by up to one year’s imprisonment and/or a fine of up to PKR 100,000.

Other restrictions

No known legislation or policies.

Palau

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Palestine

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Panama

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Papua New Guinea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Paraguay

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Peru

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Philippines

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Poland

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Portugal

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Qatar

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Republic of the Congo

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Romania

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Russia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Federal Law No. 128-FZ “On Licensing Specific Types of Activity”: Article 17 provides that a licence is required for distributing encryption facilities, maintaining encryption facilities, providing encryption services, and developing and manufacturing encryption facilities protected by means of encryption.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Federal Law No. 149-FZ “On Information, Information Technologies and Protection of Information”: Article 10-1, paragraph 4-1 requires “organisers of information distribution” that add “additional coding” to transmitted electronic messages to provide the Federal Security Service with any information necessary to decrypt those messages.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Rwanda

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Saint Kitts and Nevis

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Saint Lucia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Interception of Communications Act (Cap 3.12)

Section 21 enables the making of disclosure orders. Either the Attorney General or the Director of Public Prosecutions may apply to a judge for such a disclosure order. Where a disclosure order is made, the subject must either disclose the key or the information which is encrypted in an intelligible format. Failure to comply with a disclosure order commits is an offence punishable by up to one year’s imprisonment and/or a fine of up to XCD 5,000 (s. 22(7)).

Obligations on individuals to assist authorities

Interception of Communications Act (Cap 3.12)

Section 21 enables the making of disclosure orders. Either the Attorney General or the Director of Public Prosecutions may apply to a judge for such a disclosure order. Where a disclosure order is made, the subject must either disclose the key or the information which is encrypted in an intelligible format. Failure to comply with a disclosure order commits is an offence punishable by up to one year’s imprisonment and/or a fine of up to XCD 5,000 (s. 22(7)).

Other restrictions

No known legislation or policies.

Saint Vincent and the Grenadines

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Electronic Communications Act 2007: Section 34 establishes a register of all cryptography providers. Unless they are registered, a cryptography provide cannot provide cryptography products.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Samoa

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

San Marino

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

São Tomé and Príncipe

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Saudi Arabia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Senegal

General right to encryption

Law on Cryptography (Law No. 2008-41): Article 12 provides that the use of encryption services and methods is free.

Mandatory minimum or maximum encryption strength

Law on Cryptography (Law No. 2008-41): Article 13 allows the National Cryptology Commission (NCC) to set down rules on the maximum size of encryption keys, and the NCC has set the maximum size at 128 bits (Article 13 of Decree No. 2010-1209, as amended by Decree No. 2012-1508).

Licensing/registration requirements

Law on Cryptography (Law No. 2008-41): Article 16 provides that bodies exercising cryptology services must be licenced by the National Cryptology Commission.

Import/export controls

Law on Cryptography (Law No. 2008-41): Article 12 provides that the supply, import and export of means of cryptology ensuring exclusively the functions of authentication and integrity control are free. However, Article 14 provides that the supply or importation of a means of cryptology which does not solely perform functions of authentication and integrity control requires approval from the National Cryptology Commission.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Serbia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Seychelles

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Sierra Leone

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Singapore

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Code: Section 40 allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise the power to (a) access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; (b) require (i) any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or (ii) any person having charge of, or otherwise concerned with the operation of, such computer, to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and (c) require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. Failure to do so is punishable by up to three years’ imprisonment and/or a fine of up to SGD 10,000.

Obligations on individuals to assist authorities

Criminal Procedure Code: Section 40 allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise the power to (a) access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence; (b) require (i) any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or (ii) any person having charge of, or otherwise concerned with the operation of, such computer, to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and (c) require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence. Failure to do so is punishable by up to three years’ imprisonment and/or a fine of up to SGD 10,000.

Other restrictions

No known legislation or policies.

Slovakia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Slovenia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Solomon Islands

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Somalia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

South Africa

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Electronic Communications and Transactions Act 25 of 2002: Section 29 establishes a register of all cryptography providers. Unless they are registered, a cryptography provide cannot provide cryptography products.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002: Section 21 allows for application to be made to a judge for a “decryption order” which would compel a person who has a decryption key to provide it. Failure to do is punishable with up to ten years’ imprisonment or a fine of up to ZAR 2,000,000(and, for a legal entity, a fine of up to ZAR 5,000,000).

Obligations on individuals to assist authorities

Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002: Section 21 allows for application to be made to a judge for a “decryption order” which would compel a person who has a decryption key to provide it. Failure to do is punishable with up to ten years’ imprisonment or a fine of up to ZAR 2,000,000(and, for a legal entity, a fine of up to ZAR 5,000,000).

Other restrictions

No known legislation or policies.

South Korea

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

South Sudan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Spain

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Law on Telecommunications 25/2007: The law requires the disclosure of encryption keys.

Obligations on individuals to assist authorities

Law on Telecommunications 25/2007: The law requires the disclosure of encryption keys.

Other restrictions

No known legislation or policies.

Sri Lanka

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Sudan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Suriname

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Swaziland

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Sweden

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Switzerland

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Syria

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Taiwan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Tajikistan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Tanzania

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Thailand

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Computer Crime Act: Section 18 allows a police officer, if they have received a warrant under section 19, to decode any person’s computer data or instruct any person related to the encryption of computer data to decode the computer data or cooperate with a relevant competent official in such decoding. Failure to comply with such an order is punishable with a fine of up to THB 200,000 and a further daily fine of up to THB 5,000 until they have so complied. In 2017, the Computer Crime Act was amended by the Computer Crime (No. 2) Act but sections 18 and 19 were not materially amended as they relate to encryption.

Obligations on individuals to assist authorities

Computer Crime Act: Section 18 allows a police officer, if they have received a warrant under section 19, to decode any person’s computer data or instruct any person related to the encryption of computer data to decode the computer data or cooperate with a relevant competent official in such decoding. Failure to comply with such an order is punishable with a fine of up to THB 200,000 and a further daily fine of up to THB 5,000 until they have so complied. In 2017, the Computer Crime Act was amended by the Computer Crime (No. 2) Act but sections 18 and 19 were not materially amended as they relate to encryption.

Other restrictions

No known legislation or policies.

The Netherlands

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Criminal Procedure Code: Article 126nh allows an investigating judge to order someone (although not a suspect) to decrypt any encrypted data.

Obligations on individuals to assist authorities

Criminal Procedure Code: Article 126nh allows an investigating judge to order someone (although not a suspect) to decrypt any encrypted data.

Other restrictions

No known legislation or policies.

Timor-Leste

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Togo

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Tonga

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Computer Crimes Act, 2003: Section 10(1) provides that a person who is in possession or control of a computer, computer system, computer data or data storage medium that is the subject of a search under section 9 shall permit, and assist if required, the person making the search to (…) (d) obtain an intelligible output from a computer system in a format that can be read. Failure to do so is punishable by up to two years’ imprisonment and/or a fine of up to 10,000 TOP.

Obligations on individuals to assist authorities

Computer Crimes Act, 2003: Section 10(1) provides that a person who is in possession or control of a computer, computer system, computer data or data storage medium that is the subject of a search under section 9 shall permit, and assist if required, the person making the search to (…) (d) obtain an intelligible output from a computer system in a format that can be read. Failure to do so is punishable by up to two years’ imprisonment and/or a fine of up to 10,000 TOP.

Other restrictions

No known legislation or policies.

Trinidad and Tobago

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Interception of Communications Act: Section 15 allows for application to be made to a judge for a “disclosure order”. Where a disclosure order is made, the subject must either disclose the key or the information which is encrypted in an intelligible format. Failure to comply with a disclosure order commits is an offence punishable by up to one year’s imprisonment and a fine of up to TTD 5,000 (s. 16(7)).

Computer Misuse Act: Section 16 applies in relation to offences committee under the Computer Misuse Act or about to be so committed. Section 16(2) allows a magistrate to issue a search warrant to a police officer. Section 16(5)(a)(iii) provides that a police officer executing a search warrant shall have access to “any information, code or technology which has the capability of retransforming or unscrambling encrypted program or data held in or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence under this Act or any other offence which has been disclosed in the course of the lawful exercise of the powers under this section.” Section 16(5)(c) provides that the police officer is also “entitled to require any person in possession of decryption information to grant him or the authorised person access to such decryption information necessary to decrypt data required for the purpose of investigating an offence.” Failure to comply with such a request is an offence punishable with up to two years’ imprisonment and a fine of TTD 15,000 (s. 16(6)).

Obligations on individuals to assist authorities

Interception of Communications Act: Section 15 allows for application to be made to a judge for a “disclosure order”. Where a disclosure order is made, the subject must either disclose the key or the information which is encrypted in an intelligible format. Failure to comply with a disclosure order commits is an offence punishable by up to one year’s imprisonment and a fine of up to TTD 5,000 (s. 16(7)).

Computer Misuse Act: Section 16 applies in relation to offences committee under the Computer Misuse Act or about to be so committed. Section 16(2) allows a magistrate to issue a search warrant to a police officer. Section 16(5)(a)(iii) provides that a police officer executing a search warrant shall have access to “any information, code or technology which has the capability of retransforming or unscrambling encrypted program or data held in or available to such computer into readable and comprehensible format or text for the purpose of investigating any offence under this Act or any other offence which has been disclosed in the course of the lawful exercise of the powers under this section.” Section 16(5)(c) provides that the police officer is also “entitled to require any person in possession of decryption information to grant him or the authorised person access to such decryption information necessary to decrypt data required for the purpose of investigating an offence.” Failure to comply with such a request is an offence punishable with up to two years’ imprisonment and a fine of TTD 15,000 (s. 16(6)).

Other restrictions

No known legislation or policies.

Tunisia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Telecommunications Code: Article 9 allows the government to set down by decree permissible conditions and procedures for the use of encryption means or services through the public telecommunications networks and the exercise of the related activities. The use, manufacturer, importation, exportation, holding for sale, distribution for free or sale of cryptological methods or services contrary to any such decree is punishable by between six months’ and five years’ imprisonment and/or a fine of between TND 1,000 and TND 5,000 (Article 87).

Decree No. 97-501 of 14 March 1997: Article 11 prohibits the provision of encryption technologies without prior approval from the relevant minister.

Decree No. 2001-2727 of 20 November 2001: This Decree sets out the permissible conditions and procedures for the use of encryption means or services through the public telecommunications networks.

Import/export controls

Telecommunications Code: Article 9 allows the government to set down by decree permissible conditions and procedures for the use of encryption means or services through the public telecommunications networks and the exercise of the related activities. The use, manufacturer, importation, exportation, holding for sale, distribution for free or sale of cryptological methods or services contrary to any such decree is punishable by between six months’ and five years’ imprisonment and/or a fine of between TND 1,000 and TND 5,000 (Article 87).

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Turkey

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Turkmenistan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Tuvalu

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Uganda

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Regulation of Interception of Communications Act, 2010: Section 10(1) allows an authorised person, where they believe that a key to protected information is in the possession of any person and that a requirement that they get access to that information is necessary for a specified reason, they may impose a “disclosure requirement” in respect of that information. A disclosure requirement requires that person to use the key to get access to the information and provide it in an intelligible form (s. 10(3)). Failure to comply is punishable with up to five years’ imprisonment and/or a fine.

Obligations on individuals to assist authorities

Regulation of Interception of Communications Act, 2010: Section 10(1) allows an authorised person, where they believe that a key to protected information is in the possession of any person and that a requirement that they get access to that information is necessary for a specified reason, they may impose a “disclosure requirement” in respect of that information. A disclosure requirement requires that person to use the key to get access to the information and provide it in an intelligible form (s. 10(3)). Failure to comply is punishable with up to five years’ imprisonment and/or a fine.

Other restrictions

No known legislation or policies.

Ukraine

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

United Arab Emirates

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

United Kingdom

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Regulation of Investigatory Powers Act 2000: Part III regulates the investigation of electronic data protected by encryption. It allows for certain law enforcement agencies, normally with judicial authorisation, to require a person holding encrypted information to produce the data in an intelligible format or to provide the key for its disclosure. Failure to so is a criminal offence (punishable by up to five years’ imprisonment in cases involving national security or child indecency, and by up to two years’ imprisonment in all other cases).

Investigatory Powers Act 2016: Sections 254 to 259 regulate “technical capability notices”. They allow the Secretary of State, where they consider it to be “necessary” and “proportionate”, and with the authorisation of a Judicial Commissioner, to impose a “technical capability notice” on a service provider imposing certain obligations. Such an obligation could include that they to remove encryption that they have applied on communications (but not encryption that those communicating have applied).

Obligations on individuals to assist authorities

Regulation of Investigatory Powers Act 2000: Part III regulates the investigation of electronic data protected by encryption. It allows for certain law enforcement agencies, normally with judicial authorisation, to require a person holding encrypted information to produce the data in an intelligible format or to provide the key for its disclosure. Failure to so is a criminal offence (punishable by up to five years’ imprisonment in cases involving national security or child indecency, and by up to two years’ imprisonment in all other cases).

Other restrictions

No known legislation or policies.

United States of America

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

The International Traffic in Arms Regulations and the Export Administration Regulations both impose controls on the export of certain forms of encryption.

Obligations on providers to assist authorities

There is no legislative power which can be used to require telecommunication or online service providers to facilitate the decryption of encrypted communications.

However, section 103(a) of the Communications Assistance for Law Enforcement Act of 1994 requires all telecommunications carriers to ensure that their equipment, facilities or services that provide a customer or subscriber with the ability to originate, terminate or direct communications have certain capabilities. These include interception of communications and delivering intercepted communications to the government, where the government obtains a court order or there is some other lawful authorisation. This means that telecommunications carriers cannot use encryption themselves in a way which would prevent them from being able to intercept communications or deliver them to the government. Section 103(b)(3) does, however, provide that telecommunications carriers cannot be required to decrypt, or to ensure the government’s ability to decrypt, any communications which are encrypted by the subscriber or customer unless the encryption was provided by the carrier and they are able to decrypt it.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Uruguay

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Uzbekistan

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Vanuatu

General right to encryption

Electronic Transactions Act: Section 24(2) provides that, subject to any regulations made under section 24(1), it is lawful for a person to use any encryption program or other encryption product if it has lawfully come into the possession of that person.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Electronic Transactions Act: Section 24(1) allows the Minister to make regulations in relation to the use, import and export of encryption programmes and products, and to prohibit the export of encryption programmes and products. None, however, appear to have been made.

Import/export controls

Electronic Transactions Act: Section 24(1) allows the Minister to make regulations in relation to the use, import and export of encryption programmes and products, and to prohibit the export of encryption programmes and products. None, however, appear to have been made.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Vatican City

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Venezuela

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Vietnam

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Law on Network Information Security: Article 31 requires businesses trading in encryption products to obtain a licence to do so from the Government Cipher Committee. Articles 31 and 32 set out the requirements and the process for doing so.

Import/export controls

Law on Network Information Security: Article 34 provides that the importation or exportation of cryptographic products requires a licence.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Yemen

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

No known legislation or policies.

Zambia

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Electronic Communications and Transactions Act, 2009: Sections 22 and 23 establish a register of all cryptography providers. Unless they are registered with the Communications Authority, a cryptography provide cannot provide cryptography products.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Electronic Communications and Transactions Act, 2009: Sections 85 to 92 regulate the use of encryption but place no limitations on its use, save that a person cannot release decrypted data belonging to another person without their consent or if there is a court order so requiring.

Zimbabwe

General right to encryption

No known legislation or policies.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Interception of Communications Act: Part III regulates the investigation of electronic data protected by encryption. It allows for certain law enforcement agencies, upon permission from the Minister of Transport and Communications, to require a person holding encrypted information to provide the keys for its disclosure or the data itself in an intelligible format. Failure to provide the key is a criminal offence punishable by up to five years’ imprisonment and/or a fine.

Obligations on individuals to assist authorities

Interception of Communications Act: Part III regulates the investigation of electronic data protected by encryption. It allows for certain law enforcement agencies, upon permission from the Minister of Transport and Communications, to require a person holding encrypted information to provide the keys for its disclosure or the data itself in an intelligible format. Failure to provide the key is a criminal offence punishable by up to five years’ imprisonment and/or a fine.

Other restrictions

No known legislation or policies.