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 there are no import or export controls relating specifically to encryption products, there is a general requirement in Article 41 of Law No. 2000-03 of 05 August 2000 laying down general rules relating to post and telecommunications requires all terminal equipment and radioelectric installation which is intended to be connected to a public communications network, made for the domestic market, offered for sale or distributed for free, to be approved prior to import. This approval must be obtained from the Regulatory Authority of Post and Electronic Communications under the Ministry of Post, Telecommunications, Technologies and Digitalization.

The law (in French) can be found here.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

Article 3 of Law No. 09-04 of 5 August 2009 laying down specific rules relating to the prevention and fight against crimes related to information and communication technologies, allows among other things, for the search and seizures of computer systems, where necessary to protect public order or if necessary as part of ongoing investigations or for judicial information. Article 4 sets out the specific circumstances when this can be done: to prevent terrorist offences and subversive acts and offences against the security of the state; where there is information about a probably attack on a computer system that poses a threat to public order, national defence, state institutions or the national economy; for the purposes of investigations and judicial information where it is difficult to obtain results without electronic surveillance; and in order to execute requests for international mutual legal assistance. Article 4 also states that judicial authorisation is required.

Under Article 5, an authority conducting the search and seizure of a computer system is empowered to require any person who knows how to operate the computer system or the measures which have been applied to protect the data on the computer, to assist them and provide them with any information necessary to complete their task. While “measures which have been applied to protect the data” is not defined, this could include encryption of data. Further, under Article 6, the authority is able to use “technical means” to format or reconstitute any data on a computer system to make them workable for the purposes of the investigation provides that this does not alter their contents. This could mean an authority being permitted to bring in external support to decrypt encrypted communications.

The law (in French) can be found here.

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

While there is no explicit right to encryption, Article 15 of Framework Law No. 23/11 (Electronic Communications and Information Society Services Law) provides that citizens have the right to protection from abuse and violation of their rights through the Internet and other electronic means, including the right to confidentiality of communications.

A copy of the law (in Portuguese) can be found here.

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

Article 56 of Law on Combating Crime in the Field of Information and Communication Technologies and Information Society Services provides that if, during the course of proceedings, it becomes necessary for the production of evidence to obtain specific data stored in a particular information system, the Competent Authority may order those who have available or control of such data to provide that data or access to the information system where it is stored under penalty of punishment for qualified disobedience. Such an order cannot, however, be directed toward a suspect or defendant in the proceedings.

A copy of the law (in Portuguese) can be found here.

Obligations on individuals to assist authorities

Article 56 of Law on Combating Crime in the Field of Information and Communication Technologies and Information Society Services provides that if, during the course of proceedings, it becomes necessary for the production of evidence to obtain specific data stored in a particular information system, the Competent Authority may order those who have available or control of such data to provide that data or access to the information system where it is stored under penalty of punishment for qualified disobedience. Such an order cannot, however, be directed toward a suspect or defendant in the proceedings.

A copy of the law (in Portuguese) can be found here.

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

The Telecommunications Act 1997 (as amended by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018) provides for three types of requests and notices that the government and certain security and law enforcement agencies can issue to communications providers.

  • Technical assistance requests (sections 317G to 317K). These can be issued by a security or law enforcement agency, and ask, but do not require, the provider to take specified steps which would ensure that the provider is capable of giving certain types of help to the agency for purposes such as safeguarding national security or to enforce criminal law.
  • Technical assistance notices (sections 317L to 317RA). These can also be issued by a security or law enforcement agency and require the provider to take specified steps which would help the agency in relation to its functions relating to national security or enforcing the criminal law.
  • Technical capability notices (sections 317S to 317ZAA). These can only be issued by the Attorney-General and require the provider to do certain specified acts or things, related to technical capability, which ensure that the provider is capable of giving certain types of help to the security agencies, again, in relation to its functions relating to national security or enforcing the criminal law.

Any request or notice must be reasonable and proportionate, and compliance must be practicable and technically feasible. The assessment of reasonableness and proportionality includes consideration of a number of specified factors, including whether the request or notice is “necessary” as well as “the legitimate expectations of the Australian community relating to privacy”. In relation to encryption, a request or notice must not have the effect of “requesting or requiring a designated communications provider to implement or build a systemic weakness, or a systemic vulnerability, into a form of electronic protection” or “preventing a designated communications provider from rectifying a systemic weakness, or a systemic vulnerability, in a form of electronic protection” (section 317ZG(1)).

The Act explicitly states that such prohibited requests would include any which involve implementing or building new decryption capabilities in relation to a form of electronic protection as well as anything that would render systemic methods of authentication or encryption less effective (sections 317ZG(2) and (3)). Weaknesses and vulnerabilities are systemic if they affect “a whole class of technology” but are not if they are “selectively introduced to one or more target technologies that are connected with a particular person” (section 317B).

Failure to comply with a technical assistance notice or a technical capability notice is an offence, punishable by up to 47,619 penalty units (AUD 9,999,990) if the provider is a body corporate and 238 penalty units (AUD 49,980) if it is not (section 317ZB).

A copy of the Telecommunications Act 1997 can be found here.

Obligations on individuals to assist authorities

Under section 3LA of the Crimes Act 1914 (inserted by the Australian Cybercrime Act 2001 and amended by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018), a constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the constable to do one or more things in relation to data held in, or accessible from, a computer or data storage device which has been seized, found on a person being searched or is on property being searched under a warrant. These are to be able to access the data, to copy the data; or to convert the data into documentary form or another form intelligible to the constable.

In order to grant the order, the magistrate must be satisfied of three things. First, that there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device. Second, that the specified person is reasonably suspected of having committed an offence, the owner or lessee of the computer or device (or an employee of them or a person engaged under a contract for services by them), a person who uses or has used that computer or device, or a person who is or was a system administrated for the system which includes the computer or device. Third, that the specified person has relevant knowledge of the computer or device or of measures applied to protect data held in, or accessible from, the computer or device. This could include knowledge of the password or other means by which the data has been encrypted and how it can be decrypted.

Failure to comply with a requirement in such an order is a criminal offence, punishable by up to five years’ imprisonment or 300 penalty units (63,000 AUD) in ordinary cases, and by up to ten years’ imprisonment or 600 penalty units (124,000 AUD) where the order relates to a serious offence or a serious terrorism offence.

The Crimes Act 1914 can be found here.

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.

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

No known legislation or policies.

Obligations on individuals to assist authorities

Under section 16(1) of the Computer Misuse Act, a police officer or a person authorised in writing by the Commissioner of Police, where they have a search warrant, is entitled to have access to and inspect and check the operation of a computer, to use or have someone else use a computer to search any data contained in it or available to it, and to have access to any information, code or technology which can retransform or unscramble encrypted data contained or available to the computer into a readable and comprehensible format or text. They are also entitled to require any person they have reasonable cause to suspect is using or has used the computer, or any person in charge of or concerned with the operation of the computer, to provide them with such reasonable technical and other assistance they may require for those purposes. Finally, they are also entitled to require any person in possession of decryption information to grant them access to such decrption information as it necessary to decrypt data.

The search warrant to exercise these powers must be obtained under section 70 of the Criminal Procedure Code which regulates search warrants more generally. Search warrants must be obtained from a magistrate, who must be satisfied that there is reasonable cause to believe that an offence has been committed on a particular property.

Furthermore, the powers under the Computer Misuse Act can only be used in relation to a computer where the police officer or person authorised in writing by the Commissioner of Police has reasonable cause to suspect is being used or has been used in connection with an offence under the Computer Misuse Act or diclosed in the course of the lawful exercise of the powers under section 16. They cannot be exercised in relation to criminal offences generally.

Additionally, where the powers to be exercised involve searching data on a computer, accessing decryption technology, or requiring a person to provide decryption information, the consent of the Attorney-General is required.

Failure to comply is a criminal offence, punishable by up to three years’ imprisonment or a fine of up to BSD 10,000.

The Computer Misuse Act can be found here.

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

Article 9 of Law No. 60 of 2014 on Information Technology Crimes provides for a criminal offence of using encryption in order to commit or conceal any crime provided for in that law, or any other law, punishable by imprisonment or a fine of up to BHD 100,000, or both.

A copy of the law (in Arabic) can be found here.

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

Section 21(2) of the Electronic Transactions Act, 2001 provides 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. No such regulations have been made.

A copy of the law can be found here.

Mandatory minimum or maximum encryption strength

Section 21(1) of the Electronic Transactions Act, 2001 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 such regulations have been made.

A copy of the law can be found here.

Licensing/registration requirements

Section 21(1) of the Electronic Transactions Act, 2001 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 such regulations have been made.

A copy of the law can be found here.

Import/export controls

Section 21(1) of the Electronic Transactions Act, 2001 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 such regulations have been made.

A copy of the law can be found here.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

Under section 15(1) of the Computer Misuse Act, magistrates are able to issue search warrants authorising police officers to enter and search places, including computers there, using such force as is necessary. In order to grant such a warrant, the magistrate must be satisfied that there are reasonable grounds for suspecting that an offence under the Act has been or is about to be committed in a particular place, and that evidence that such an offence has been or is about to be committed is in that place.

A warrant issued under section 15(1) may authorised a police officer to:

(a) seize any computer, data, programme, information, document or thing if they reasonably believe that it is evidence that an offence under the Act has been or is about to be committed;

(b) inspect and check the operation of any such computer;

(c) use or requires someone else to use any such computer to search any programme or data held in or available to the computer;

(d) 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 the Act;

(e) 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; and

(f) make and retain a copy of any programme or data held in the computer referred to in (a) or (e) and any other programme or data held in the computers.

Failure to comply with a request for assistance from a police officer is a criminal offence, punishable by up to eighteen months’ imprisonment or to a fine of up to BBD 15,000, or both.

Additionally, section 16(1) also allows a 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 with a request for assistance from a police officer is a criminal offence, punishable by up to eighteen months’ imprisonment or to a fine of up to BBD 15,000, or both.

The Computer Misuse Act can be found here.

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

Under Resolution of the Council of Ministers of the Republic of Belarus No. 218 of 18 March 1997, the import and export of cryptography is prohibited without a license from the Ministry of Foreign Affairs or the State Center for Information Security of the Security Council.

A copy of the Resolution (in Russian) can be found here.

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

Article 18/17 of the Law of 30 November 1998, Organic Law on the Intelligence and Security Services, allows the intelligence and security services to intercept communications and record them, although Article 18/10 requires prior authorisation in such cases from an independent commission. Under Article 18/17, if an operation on an electronic communications network is necessary for the interception and recording to take place, the head of the intelligence and security services can make a written request for technical assistance to a network operator or provider of an electronic communications service.

Failure to comply with such a request is a criminal offence punishable by a fine of between 26 EUR and 20,000 EUR.

A copy of the law (in French) can be found here.

Article 127 of the Law of 13 June 2005, Law on Electronic Communications, allows the King to establish technical and administrative measures with which operators must comply, in order to be able to identify end users, identify their location, listen to their communications, and record the communications. Under the Royal Order of 12 October 2010, these measures include being able to transmit the content of a call clearly in circumstances where operator of the electronic communications network or the provider of an electronic communications service has used encryption. As such, operators and service providers need to be able decrypt any encryption that they use with regards to communications.

A copy of the law (in French) can be found here.

A copy of the Royal Order (in French) can be found here.

Article 90ter of the Code of Criminal Procedure allows, limited circumstances, and only where authorised by the Royal Prosecutor, an examining magistrate to secretly intercept, take knowledge, explore and record non-publicly accessible communications or data from a computer system or part of it, or to search a computer system or part thereof. Where undertaken, the examining magistrate may also, without the knowledge or consent of the owner, to install technical devices in the relevant computer systems to decrypt data stored, processed or transmitted. Under the Royal Order of 9 January 2003, operators and electronic communications service providers must be technically able to transmit the content of communications clearly in circumstances where they have used encryption. As such, operators and service providers need to be able decrypt any encryption that they use with regards to communications. Article 90quartier allows the examining magistrate to require the assistance of an operator of an electronic communications work or a provider of an electronic communications service so as to be able undertake the measures. They must then do so to the best of their capabilities.

Refusal to provide such technical assistance, if requested, is a criminal offence punishable by a fine of between 26 EUR and 20,000 EUR.

A copy of the Code of Criminal Procedure (in French) can be found here.

A copy of the Royal Order (in French) can be found here.

Obligations on individuals to assist authorities

Article 88quater of the Code of Criminal Instruction provides a power for examining magistrates and other officials to order anyone with particular knowledge of a computer system that is the subject of a search warrant, or of services or applications which encrypt data to provide information on how to access content that has been encrypted and to make it accessible in a particular format. A further provision allows similar orders to be made to any appropriate person to operate the computer system themselves to make information accessible in a particular format. They must then do so to the best of their capabilities.

Refusal to provide such technical assistance, if requested, is a criminal offence punishable by imprisonment of between six months and three years, a fine of between 26 EUR and 20,000 EUR, or both. Where that assistance would prevent a crime, and they fail to provide it, the punishment is imprisonment of between one and five years, a fine of 500 EUR to 50,000 EUR, or both.

A copy of the Code of Criminal Instruction (in French) can be found here.

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

While there is no explicit right to encryption, Article 5 of the Constitution guarantees the secrecy of correspondence and of telegraphic, data and telephonic communications is inviolable, except, in the latter case, by court order, in the situations and manner established by law for purposes of criminal investigation or the fact-finding phase of a criminal prosecution.

A copy of the Constitution can be found here.

Article 7(III) of the Civil Rights Framework for the Internet (Law No. 12.965) guarantees the inviolability and secrecy of user communications online, with exceptions only permitted by court order.

A copy of the law (in Portuguese) can be found here.

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

Article 52 of Anatel Resolution No. 614 of 28 May 2013 provides that telecommunication service providers must ensure the secrecy inherent in telecommunication services and the confidentiality of data, including connection records, and subscriber information, using all necessary means and technologies. Article 52 also requires telecommunication service providers to make available data relating to the suspension of telecommunication secrecy to authorities that, according to the law, have competence to request such information.

A copy of the Resolution can be found here.

There have been at least two court decisions which suspended the use of an encrypted communications app on the basis that they failed to comply with court orders demanding the contents of encrypted communications. However both cases are under judicial secrecy (segredo de justiça) meaning it is not possible to see the decisions to determine the legal basis for the actions taken.

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

No known legislation or policies.

Obligations on individuals to assist authorities

Under section 18(1) of the Computer Misuse Act, a police officer or a person authorised in writing by the Commissioner of Police is entitled to have access to and inspect and check the operation of a computer, to use or have someone else use a computer to search any data contained in it or available to it, and to have access to any information, code or technology which can retransform or unscramble encrypted data contained or available to the computer into a readable and comprehensible format or text. They are also entitled to require any person they have reasonable cause to suspect is using or has used the computer, or any person in charge of or concerned with the operation of the computer, to provide them with such reasonable technical and other assistance they may require for those purposes. Finally, they are also entitled to require any person in possession of decryption information to grant them access to such decryption information as it necessary to decrypt data.

These powers can only be used in relation to a computer where the police officer or person authorised in writing by the Commissioner of Police has reasonable cause to suspect is being used or has been used in connection with an offence under the Computer Misuse Act or disclosed in the course of the lawful exercise of the powers under section 18. They cannot be exercised in relation to criminal offences generally.

Additionally, where the powers to be exercised involve searching data on a computer, accessing decryption technology, or requiring a person to provide decryption information, the consent of the Attorney-General is required.

Failure to comply is punishable by up to three years’ imprisonment, a fine of up to BND 10,000, or both.

A copy of the law can be found here.

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

Although the Canadian Charter of Rights and Freedoms doesn’t provide for a specific right to encryption, the Charter does protect the right to “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” (section 2(b)) and provides 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.

A copy of the Charter can be found here.

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.

A copy of the law can be found here.

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, although, more generally, and 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.

A copy of the Criminal Code can be found here.

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.

A copy of the Charter can be found here.

A copy of the Criminal Code can be found here.

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

Article 25(1)(m) of Legislative Decree n.º7/2005 requires all providers of electronic communications networks and services to set up, at their own expense, the provision of legal interception systems and means of decryption where they provide encryption facilities.

A copy of the legislative decree (in Portuguese) can be found here.

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 “Regulation of Commercial Encryption Codes” provides that manufacturers must obtain approval from the National Commission on Encryption Code Regulations/ State Cryptography Administration for the type and model (including key length) of their encryption products.

A copy of the Order can be found here.

Import/export controls

State Council Order No. 273 “Regulation of Commercial Encryption Codes” provides that the import and export of encryption products requires a license by the National Commission on Encryption Code Regulations/ State Cryptography Administration.

A copy of the Order can be found here.

Obligations on providers to assist authorities

Under the Counter-Terrorism Law, technology firms are required to help decrypt information.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

State Council Order No. 273 “Regulation of Commercial Encryption Codes” provides that organisations and individuals may not distribute encryption products produced abroad. People may only use encryption products approved by the National Commission on Encryption Code Regulations, and they may not use commercial encryption products developed by themselves or produced abroad. For this use, they must have approval by the National Commission on Encryption Code Regulations. Only foreign diplomatic missions and consulates are exempted from this approval.

A copy of the Order can be found here.

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.

A copy of the law (in Spanish) can be found here.

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

Article 103, paragraph 4 of Law No. 104 of 1997 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.

A copy of the law (in Spanish) can be found here.

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

No known legislation or policies.

Obligations on individuals to assist authorities

Article 257(1) of the Law on Criminal Procedure provides that searches permitted under the Law also include searches of computers and other devices for collecting, storing and transmitting data. If so requested, a person using or having access to such a computer or device must provide access to it and to provide the necessary information for uninterrupted use and to achieve the purposes of the search. It is not clear whether this would include a requirement to decrypt encrypted data.

A copy of the law (in Croatian) can be found here.

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

Article 19(5) of Resolution No. 128/2011 (Regulation for Private Data Networks) requires official approval in order to use any type of application or service supported by a private network that involves encryption of the information which is transmitted.

A copy of the Resolution (in Spanish) can be found here.

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

Article 19 of Resolution No. 179/08 (Regulation for Internet Access Service Providers) requires internet access service providers to guarantee that any software they use does not involve cryptographic systems or the transfer or encrypted files.

A copy of the Resolution (in Spanish) can be found here.

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

Section 8 of the Criminal Procedure Code requires all state authorities, private entities and individuals to comply with any request of law enforcement bodies. It is not clear whether this would extend to decrypting encrypted information or providing decryption keys.

A copy of the law (in Czech) can be found here.

Section 75(1) of the Law on Electronic Communications (Law No. 127/2005) provides a power for the Police to request a mobile network providers to make it impossible, for a specified period of time, for encryption, coding or any other type of concealment to be used by users of the network to transmit messages. The request can only be made if it is technically feasible.

Further, under sections 97(1) and (6) of the same law, any private entity or individual who provides a public communications network or electronic communications service must install interfaces at specified points along the network to enable the tapping and recording of messages by the police. If that entity or individual uses coding, compression or encryption which renders the messages incomprehensible, they must ensure that, at the specified points, the messages (and associated traffic and location data) are comprehensible.

A copy of the law (in Czech) can be found here.

Obligations on individuals to assist authorities

Section 8 of the Criminal Procedure Code requires all state authorities, private entities and individuals to comply with any request of law enforcement bodies. It is not clear whether this would extend to decrypting encrypted information or providing decryption keys.

A copy of the law (in Czech) can be found here.

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

Section 10 of the Law on Electronic Communications Networks and Services requires providers of electronic communications networks and services to ensure that any technical equipment or systems that they use are set up in such a way so that the police are able to access information about telecommunications traffic and to intervene in the “secrecy of communications” in the form of historical and future telecommunications data, and interception of telecommunications, including access to data directly after its recording.

A copy of the law (in Danish) can be found here.

Under section 804 of the Law on the Administration of Justice, persons other than suspects and accused persons (including private entities) who are in possession of information relevant to an investigation can be required to hand over information. It is not clear whether this would include decryption keys.

A copy of the law (in Danish) can be found here.

Obligations on individuals to assist authorities

Under section 804 of the Law on the Administration of Justice, persons other than suspects and accused persons (including private entities) who are in possession of information relevant to an investigation can be required to hand over information. It is not clear whether this would include decryption keys.

A copy of the law (in Danish) can be found here.

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.

Dominica

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.

Dominican 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

Article 77 of the Organic Law on Telecommunications provides that the interception of communications is permitted where there is an express order from a judge, within the framework of the investigation of an offence or for reasons of public or state security, and in accordance with legal provisions and due process. Where interception is permitted, service providers are required to provide all information requested in the information order, including any necessary technical information and procedures in order to decompress, decipher or decide communications where they have been subject to security measures. This requirement would appear to be limited to decryption of communications that the service provider has encrypted.

A copy of the law (in Spanish) can be found here.

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

Article 64 of Law No. 10 of 2003 on Telecommunication Regulations prohibits telecommunication service operators, providers, their employees and users of such services from using any telecommunication service encryption equipment without written permission from the National Telecom Regulatory Authority, the armed forces and national security entities. This prohibition does not, however, apply to encryption equipment used for radio and television broadcasting.

Contravention of this prohibition is a criminal offence punishable by imprisonment and a fine of between 10,000 and 100,000 EGP.

A copy of the law (in Arabic) can be found here.

Import/export controls

Although there is no provision referring to encryption specifically, Article 44 of Law No. 10 of 2003 on Telecommunication Regulations prohibits the import, manufacture or assembly of any telecommunication equipment without a licence from the National Telecom Regulatory Authority according to the standards and specifications approved by it. This appears to apply to encryption technology as well.

A copy of the law (in Arabic) can be found here.

Obligations on providers to assist authorities

Article 64 of Law No. 10 of 2003 on Telecommunication Regulations requires each operators and providers, at their own expense, to provide within the telecommunication networks licenced to them, all technical possibilities, including equipment, systems, software and communications, to enable the armed forces and national security entities to exercise their powers within the law. This could include capabilities for decrypting encrypted communications.

Contravention of this prohibition is a criminal offence punishable by imprisonment and a fine of between 10,000 and 100,000 EGP.

A copy of the law (in Arabic) can be found here.

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

Article 42-D of the Law on Telecommunications (Legislative Decree No. 142 of 6 November 1997) 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 certain types of information, in cases where the encryption has been provided by the service operator. The types of information are those relating to telephone calls as well as databases containing such information.

A copy of the law (in Spanish) can be found here.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Article 21 of the Special Law for the Interception of Telecommunications (Legislative Decree No. 285 of 18 February 2010) provides that if material recorded in the course of an interception 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.

A copy of the law (in Spanish) can be found here.

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

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

A copy of the Criminal Procedure Code (in Estonian) can be found here.

Obligations on individuals to assist authorities

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

A copy of the Criminal Procedure Code (in Estonian) can be found here.

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

Article 3(1) of the Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012) 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.

A copy of the Proclamation can be found here.

Import/export controls

Article 3(1) of the Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012) 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.

A copy of the Proclamation can be found here.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Article 3(1) of the Proclamation on Telecom Fraud Offences (Proclamation No. 761/2012) 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.

A copy of the Proclamation can be found here.

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

Section 6 of the Law on the Protection of Privacy in Electronic Communications (Law 516/2004) provides that subscribers and users of electronic communication services have the right to protect their communications and identification information how the wish, using any technical possibilities available, unless otherwise provided by law.

A copy of the law (in Finnish) can be found here.

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 23 of Chapter 8 of the Law on Coercive Measures Act 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.

A copy of the law (in Finnish) can be found here.

Obligations on individuals to assist authorities

Section 23 of Chapter 8 of the Law on Coercive Measures Act 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.

A copy of the law (in Finnish) can be found here.

Other restrictions

No known legislation or policies.

France

General right to encryption

Article 30(I) of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy provides that the use of means of cryptology are free.

A copy of the law (in French) can be found here.

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

Article L.871-1 of the Internal Security Code requires, under certain circumstances, private entities or individuals who provide cryptology services which ensure confidentiality to deliver to authorised agents the means of enabling the decryption of the data which has been encrypted by their services within 72 hours. The authorised agents may also require the service providers to decrypt the data themselves within 72 hours unless they can show that this would not be possible.

A copy of the Code (in French) can be found here.

Under Article 230-1 of the Criminal Procedure Code, where it appears that data entered or obtained during an investigation has been processed in a manner that makes the data unreadable, or protected by an authentication mechanism (such as encryption), a public prosecutor, investigating court or judicial police officer may designate any private entity or individual so qualified to undertake the technical operations necessary to obtain access to a readable version of the data. Where encryption has been used, they may use secret decryption to do so if necessary.

A copy of the Code (in French) can be found here.

Obligations on individuals to assist authorities

Article L.871-1 of the Internal Security Code requires, under certain circumstances, private entities or individuals who provide cryptology services which ensure confidentiality to deliver to authorised agents the means of enabling the decryption of the data which has been encrypted by their services within 72 hours. The authorised agents may also require the service providers to decrypt the data themselves within 72 hours unless they can show that this would not be possible.

A copy of the Code (in French) can be found here.

Under Article 230-1 of the Criminal Procedure Code, where it appears that data entered or obtained during an investigation has been processed in a manner that makes the data unreadable, or protected by an authentication mechanism (such as encryption), a public prosecutor, investigating court or judicial police officer may designate any private entity or individual so qualified to undertake the technical operations necessary to obtain access to a readable version of the data. Where encryption has been used, they may use secret decryption to do so if necessary.

A copy of the Code (in French) can be found here.

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

The Ordinance on the Technical and Organisational Implementation of Telecommunications Surveillance Measures obliges telecommunications service providers to be able to surveil communications. Section 8, paragraph 3, provides that it the service provider uses technical measures to protect telecommunications, or “cooperates in the production or exchange of keys”, it must ensure that it is able to decode any telecommunications that are ultimately surveilled. This does not, however, require telecommunication service providers to decrypt any encryption which is used by other parties, such as their users.

A copy of the Ordinance (in German) can be found here.

Obligations on individuals to assist authorities

No known legislation or policies.

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

Section 84A of the Information Technology Act 2000 allows the government to set nationally permitted “modes or methods” for encryption, however no such modes or methods have been prescribed.

A copy of the law can be found here.

Separately, the Department of Telecommunications Guidelines and General Information for Grant of Licence for Operating Internet Services provides that internet service providers may not deploy “bulk encryption” on their networks, and prohibits users from using encryption with greater 40-bit key length without prior permission. Anyone using stronger encryption is required to provide the government with a copy of the encryption keys.

A copy of the Guidelines and General Information can be found here.

 

Licensing/registration requirements

No known legislation or policies.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Section 69 of the Information Technology Act 2000, as amended by the Information Technology (Amendment) Act 2008, gives the central and state governments the power to direct any agency to intercept, monitor or decrypt, or cause to be intercepted, monitored or decrypted any information transmitted, received or stored through any computer resources. The government must be satisfied that “it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence”. In consequence, the agency may required any “subscriber or intermediary or any person in charge of the computer resource” to “extend all facilities and technical assistance” necessary to decrypt the information.

Failure to do so is a criminal offence punishable by up to seven years’ imprisonment, a fine, or both.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 69 of the Information Technology Act 2000, as amended by the Information Technology (Amendment) Act 2008, gives the central and state governments the power to direct any agency to intercept, monitor or decrypt, or cause to be intercepted, monitored or decrypted any information transmitted, received or stored through any computer resources. The government must be satisfied that “it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence”. In consequence, the agency may required any “subscriber or intermediary or any person in charge of the computer resource” to “extend all facilities and technical assistance” necessary to decrypt the information.

Failure to do so is a criminal offence punishable by up to seven years’ imprisonment, a fine, or both.

A copy of the law can be found here.

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

Article 10 of the Law on Computer Crime Law provides for a criminal offence of “concealing data, changing passwords, or encrypting data that prevents 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.

A copy of the law (in Farsi) can be found here.

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

No known legislation or policies.

Obligations on individuals to assist authorities

Section 27 of the Electronic Commerce Act, 2000 allows a District Court to issue a search warrant in respect of a particular place and persons found at that place, where it is satisfied that there are reasonable grounds for suspecting that evidence of or relating to an offence under the Act is to be found there. Such warrants authorised any named officers to, among other things, enter the place, search it and persons there, and seize anything found which the officer reasonably believes to be evidence of or relating to an offence under the Act. Where the thing seized is or contains information or an electronic communication that cannot readily be accessed or put into intelligible form, the officer can require the disclosure of the information or electronic communication in intelligible form. Section 28, however, provides that this does not include “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 is a criminal offence punishable by imprisonment of up to 12 months, a fine, or both.

A copy of the law can be found here.

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

Section 2 of the Order Regarding the Engagement in Encryption Items – 1974 (5734) prohibits organisations and individuals from engaging in encryption-related items unless they have a licence to do so from the Director-General at the Ministry of Defence. Section 3(d) of the Order does, however, grant the Director-General the power to declare certain encryption items as “free means” meaning that no licence is required.

A copy of the Order can be found here.

Import/export controls

Section 2 of the Order Regarding the Engagement in Encryption Items – 1974 (5734) prohibits organisations and individuals from engaging in encryption-related items unless they have a licence to do so from the Director-General at the Ministry of Defence. The definition of “engagement” includes importing and exporting items. Section 3(d) of the Order does, however, grant the Director-General the power to declare certain encryption items as “free means” meaning that no licence is required.

A copy of the Order can be found here.

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

No known legislation or policies.

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

Sections 12 and 13 of the Interception of Communications Act 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.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Sections 12 and 13 of the Interception of Communications Act 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.

A copy of the law can be found here.

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

Article 111-2 of the Criminal Procedure Code provides that where an article is seized pursuant to a search or seizure order is a “recording medium pertaining to electromagnetic records”, the person executing the search or seizure order may ask a person subject to the order to operate the computer or for some other form of cooperation. This could include the decryption of encrypted electronic records.

Articles 99-2 and 218 of the Criminal Procedure Code provides that a court may order the custodian of electronic records, or a person with authority to use them, to record the necessary records onto a recording medium, or to print them out, and to seize the recording medium. The term “to record” could include the decryption of any encrypted electronic records.

Article 11 of the Act on the Interception of Communications for Criminal Investigations (Act No. 137 of Heisei 11) allows a public prosecutor or a judicial police officer to request a telecommunications service provider to install interception equipment and provide any other necessary cooperation in relation to conducting interception. Although the Act states that a telecommunications service provider should not refuse such a request without a justifiable reason, it does not set out any penalty for failure to comply. Telecommunications service providers are not, however, required to develop systems or software allowing them to decrypt communications. Article 13(2) of the Act provides that where intercepted communications are encrypted, law enforcement officers can record them and attempt to decrypt them later. Article 197(2) of the Criminal Procedure Code provides that private enterprises can be requested to assist in investigations generally, which could include decrypting encrypted communications.

A copy of the Criminal Procedure Code can be found (in Japanese) here and an English translation can be found here.

A copy of the Act on the Interception of Communications for Criminal Investigations (in Japanese) can be found here.

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

Regulations made under 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.

Obligations on individuals to assist authorities

Regulations made under 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

Article 9 of Law No. 140/99 provides that the Minister of the Interior and the Minister of Defence can ask the Prime Minister for authorisation to intercept communications for the purposes of “combating terrorism, crimes against state security, and organised crime”. Article 10 of the law requires the public and private sectors “to assist in the implementation” of any order. Although it does not mention it explicitly, this could include decrypting encrypted communications.

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

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

A copy of the law (in French) can be found here.

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

Article 66(4) of the Code of Criminal Procedure 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 access to a particular system, to data entered into or accessible from the system, and understanding of protected or encrypted data.

A copy of the Code of Criminal Procedure (in French) can be found here.

Obligations on individuals to assist authorities

Article 66(4) of the Code of Criminal Procedure 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 access to a particular system, to data entered into or accessible from the system, and understanding of protected or encrypted data.

A copy of the Code of Criminal Procedure (in French) can be found here.

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

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

A copy of the law can be found here.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Section 54(1) of the Electronic Transactions and Cyber Security Act, 2016 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 a criminal offence punishable by up to seven years’ imprisonment and a fine of MWK 5,000,000.

A copy of the law can be found here.

Import/export controls

Section 54(1) of the Electronic Transactions and Cyber Security Act, 2016 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.

A copy of the law can be found here.

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

Section 116B(1) of the Criminal Procedure Code (Act 593) 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)).

A copy of the Criminal Procedure Code can be found here.

Section 10(1)(c) of the Computer Crimes Act 1997 (Act 563) 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.

Failure to comply is a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to MYR 25,000.

A copy of the law can be found here.

Section 79(1) of the Digital Signature Act 1997 (Act 562) 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 a criminal offence punishable by imprisonment for up to four years and/or a fine of up to MYR 200,000.

A copy of the law can be found here.

Section 249(1) of the Communications and Multimedia Act 1998 (Act 588) 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 a criminal offence punishable by imprisonment for up to six months years and/or a fine of up to MYR 20,000.

A copy of the law can be found here.

Section 32(1) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) 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 a criminal offence punishable by imprisonment for up to three years and/or a fine of up to MYR 150,000.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 116B(1) of the Criminal Procedure Code (Act 593) 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)).

A copy of the Criminal Procedure Code can be found here.

Section 10(1)(c) of the Computer Crimes Act 1997 (Act 563) 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.

Failure to comply is a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to MYR 25,000.

A copy of the law can be found here.

Section 79(1) of the Digital Signature Act 1997 (Act 562) 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 a criminal offence punishable by imprisonment for up to four years and/or a fine of up to MYR 200,000.

A copy of the law can be found here.

Section 249(1) of the Communications and Multimedia Act 1998 (Act 588) 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 a criminal offence punishable by imprisonment for up to six months years and/or a fine of up to MYR 20,000.

A copy of the law can be found here.

Section 32(1) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) 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 a criminal offence punishable by imprisonment for up to three years and/or a fine of up to MYR 150,000.

A copy of the law can be found here.

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

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

A copy of the Criminal Code can be found here.

Obligations on individuals to assist authorities

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

A copy of the Criminal Code can be found here.

Other restrictions

Article 23(7) of the Electronic Commerce Act 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 two years and/or a fine of up to €250,000 (s. 24).

A copy of the law can be found here.

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

Article 13 of Law No. 53-05 on the Electronic Exchange of Legal Data provides that, in order to prevent their use for illegal purposes and to preserve the interests of national defence and the internal or external security of state, the import, export, supply or use of cryptography means or services are subject either prior declaration or authorisation. Prior declaration is required where the sole purposes of the cryptography is to authenticate transmission, or ensure the completeness of data transmitted electronically. Prior authorisation, however, is required in all other purposes. Article 13 also gives the government the power to provide for simplified declaration or authorisation processes, and to exempt certain types of cryptography means or services from the requirements.

Article 14 provides that where prior authorisation is required, such authorisation can only be granted to electronic certification service providers approved under Article 21, or persons approved by the government. Article 21 sets out the process for seeking approval, and states that it must be provided by a ‘national authority’ and that any providers seeking approval must be a company based in Morocco. Under Decree 2.13.1881, the ‘national authority’ is the Directorate General for Information Systems Security.

The import, export, supply or use of cryptographic means or services without prior declaration or authorisation is a criminal offence, punishable by up to one year’s imprisonment and a fine of up to 100,000 MAD.

A copy of the law (in Arabic) can be found here.

A translation of the law (in French) can be found here.

A copy of the decree (in Arabic) can be found here.

Import/export controls

Article 13 of Law No. 53-05 on the Electronic Exchange of Legal Data provides that, in order to prevent their use for illegal purposes and to preserve the interests of national defence and the internal or external security of state, the import, export, supply or use of cryptography means or services are subject either prior declaration or authorisation. Prior declaration is required where the sole purposes of the cryptography is to authenticate transmission, or ensure the completeness of data transmitted electronically. Prior authorisation, however, is required in all other purposes. Article 13 also gives the government the power to provide for simplified declaration or authorisation processes, and to exempt certain types of cryptography means or services from the requirements.

Article 14 provides that where prior authorisation is required, such authorisation can only be granted to electronic certification service providers approved under Article 21, or persons approved by the government. Article 21 sets out the process for seeking approval, and states that it must be provided by a ‘national authority’ and that any providers seeking approval must be a company based in Morocco. Under Decree 2.13.1881, the ‘national authority’ is the Directorate General for Information Systems Security.

The import, export, supply or use of cryptographic means or services without prior declaration or authorisation is a criminal offence, punishable by up to one year’s imprisonment and a fine of up to 100,000 MAD.

A copy of the law (in Arabic) can be found here.

A translation of the law (in French) can be found here.

A copy of the decree (in Arabic) can be found here.

Obligations on providers to assist authorities

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

Other restrictions

Article 33 of Law No. 53-05 on the Electronic Exchange of Legal Data provides that, where encryption is used to commit a criminal offence, and the penalty is one of imprisonment, the maximum penalty for the offence is to be increased by between three and five years.

Article 34 provides that where persons provide cryptography services for the purposes of confidentiality, they are liable in respect of any injury caused to persons using those services where there is a breach of the integrity, confidentiality or availability of their data.

A copy of the law (in Arabic) can be found here.

A translation of the law (in French) can be found here.

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

While not a restriction on encryption, Article 283 of the Code of Criminal Procedure provides that where documents which have been seized are encrypted, they must be examined by experts to decrypt them.

A copy of the Code of Penal Procedure can be found (in Portuguese) here.

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

Section 69 of the Telecommunications Law provides that the disclosure of information which has been encrypted is only allowed in relation to a telecommunications-related matter prosecution and only when authorised by a court order.

Breach of section 69 is a criminal offence punishable by up to one year’s imprisonment, a fine or both.

A copy of the law (in Burmese) can be found here, and a translation of the law into English can be found here.

Obligations on individuals to assist authorities

Section 69 of the Telecommunications Law provides that the disclosure of information which has been encrypted is only allowed in relation to a telecommunications-related matter prosecution and only when authorised by a court order.

Breach of section 69 is a criminal offence punishable by up to one year’s imprisonment, a fine or both.

A copy of the law (in Burmese) can be found here, and a translation of the law into English can be found here.

Other restrictions

Section 69 of the Telecommunications Law provides that the disclosure of information which has been encrypted is only allowed in relation to a telecommunications-related matter prosecution and only when authorised by a court order.

Breach of section 69 is a criminal offence punishable by up to one year’s imprisonment, a fine or both.

A copy of the law (in Burmese) can be found here, and a translation of the law into English can be found here.

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.

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

Article 126nh of the Criminal Procedure Code allows an investigating judge to order someone (although not a suspect) to decrypt any encrypted data, or to provide information on how to do so.

A copy of the Criminal Procedure Code (in Dutch) can be found here.

Obligations on individuals to assist authorities

Article 126nh of the Criminal Procedure Code allows an investigating judge to order someone (although not a suspect) to decrypt any encrypted data, or to provide information on how to do so.

A copy of the Criminal Procedure Code (in Dutch) can be found here.

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)).

A copy of the law can be found here.

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)).

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

A copy of the law can be found here.

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)).

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

A copy of the law can be found here.

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

Section 45 of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 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 requirement in the Act for 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 requests 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. This could be interpreted as including a request to assist in the decryption of data.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 45 of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 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 requirement in the Act for 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 requests 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. This could be interpreted as including a request to assist in the decryption of data.

A copy of the law can be found here.

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

Section 35 of the Prevention of Electronic Crimes Act, 2016, provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 35 of the Prevention of Electronic Crimes Act, 2016, provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.

A copy of the law can be found here.

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

Article 12 of Federal Law No. 128-FZ “On Licensing Specific Types of Activity” 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.

A copy of the law (in Russian) can be found here.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Article 10-1, paragraph 4-1 of Federal Law No. 149-FZ “On Information, Information Technologies and Protection of Information” 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.

A copy of the law (in Russian) can be found here.

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

Section 21 of the Interception of Communications Act (Cap 3.12) enables the making of disclosure orders by a judge. Only the Attorney General or the Director of Public Prosecutions may apply to a judge for such a disclosure order, and only where protected information has come into the hands of a law enforcement agency, a key to the protected information is in the possession of any person, and disclosure of the information is necessary in the interests of national security public order.

The judge may make a disclosure order, taking into account the extent and the nature of any protected information to which the key is also a key, and any adverse effect that complying with the order might have on a business carried on by a person to whom the order is addressed. The judge must also only permit such disclosure as is proportionate to what is sought to be achieved, allowing, where appropriate, for disclosure in such a manner as would result in the putting of the information in intelligible form other than by disclosure of the key itself.

Under section 22, 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 is a criminal offence, punishable by up to one year’s imprisonment and/or a fine of up to XCD 5,000 (s. 22(7)).

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 21 of the Interception of Communications Act (Cap 3.12) enables the making of disclosure orders by a judge. Only the Attorney General or the Director of Public Prosecutions may apply to a judge for such a disclosure order, and only where protected information has come into the hands of a law enforcement agency, a key to the protected information is in the possession of any person, and disclosure of the information is necessary in the interests of national security public order.

The judge may make a disclosure order, taking into account the extent and the nature of any protected information to which the key is also a key, and any adverse effect that complying with the order might have on a business carried on by a person to whom the order is addressed. The judge must also only permit such disclosure as is proportionate to what is sought to be achieved, allowing, where appropriate, for disclosure in such a manner as would result in the putting of the information in intelligible form other than by disclosure of the key itself.

Under section 22, 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 is a criminal offence, punishable by up to one year’s imprisonment and/or a fine of up to XCD 5,000 (s. 22(7)).

A copy of the law can be found here.

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

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

A copy of the law can be found here.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Section 75 of the Electronic Communications Act 2007 provides that a judicial officer may issue a warrant authorising a police officer to enter a particular place and search and seize data or things where there are reasonable grounds to believe that such data or things may constitute evidence in proving a criminal offence, or has been acquires by a person as a result of a criminal offence. Under section 76, a person who is in possession or control of an electronic data storage medium or information subject to a search under section 75 must permit, and assist if required, the person making the search.

The forms of assistance that must be provided are to access and use any information system or electronic data storage medium to search data, obtain and copy that data, use equipment to make copies, and obtain an intelligible output from an information system in a plain text format. “Assist” includes providing passwords, encryption keys and making available any other information necessary to access an information system.

Failure to permit a person to search or to assist a person making a search is a criminal offence punishable, in the case of an individual, to a fine not exceeding 5,000 XCD, imprisonment for up to two years, or both; and, in the case of a corporation, to a fine not exceeding 50,000 XCD.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 75 of the Electronic Communications Act 2007 provides that a judicial officer may issue a warrant authorising a police officer to enter a particular place and search and seize data or things where there are reasonable grounds to believe that such data or things may constitute evidence in proving a criminal offence, or has been acquires by a person as a result of a criminal offence. Under section 76, a person who is in possession or control of an electronic data storage medium or information subject to a search under section 75 must permit, and assist if required, the person making the search.

The forms of assistance that must be provided are to access and use any information system or electronic data storage medium to search data, obtain and copy that data, use equipment to make copies, and obtain an intelligible output from an information system in a plain text format. “Assist” includes providing passwords, encryption keys and making available any other information necessary to access an information system.

Failure to permit a person to search or to assist a person making a search is a criminal offence punishable, in the case of an individual, to a fine not exceeding 5,000 XCD, imprisonment for up to two years, or both; and, in the case of a corporation, to a fine not exceeding 50,000 XCD.

A copy of the law can be found here.

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

While not a restriction on encryption, Article 239 of the Code of Criminal Procedure provides that where documents which have been seized are encrypted, they shall be decrypted by an expert.

A copy of the Code of Penal Procedure can be found (in Portuguese) here.

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

Article 12 of the Law on Cryptography (Law No. 2008-41) provides that the use of encryption services and methods is free, unless the encryption provides confidentiality (as opposed to simply integrity or authenticity) functions. In such cases, under Article 13 of Decree No. 2010-1209, as amended by Decree No. 2012-1508, its use is free only if the key length is less than or equal to 128 bits.

A copy of the law (in French) can be found here.

A copy of the decree (in French) can be found here.

Mandatory minimum or maximum encryption strength

Article 13 of the Law on Cryptography (Law No. 2008-41) 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). The use of encryption with a greater key length requires authorisation.

A copy of the law (in French) can be found here.

A copy of the decree (in French) can be found here.

Licensing/registration requirements

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

A copy of the law (in French) can be found here.

Import/export controls

Article 12 of the Law on Cryptography (Law No. 2008-41) provides that the supply, import and export of means of cryptology ensuring exclusively the functions of authentication and integrity control are free. Article 14 provides, however, 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.

A copy of the law (in French) can be found here.

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

Section 40 of the Criminal Procedure Code allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise certain powers to access decryption information. These are:

(a) to 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) to 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 a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to 10,000 SGD.

A copy of the Code can be found here.

Obligations on individuals to assist authorities

Section 40 of the Criminal Procedure Code allows the Public Prosecutor, by order, to authorise a police officer or an authorised person to exercise certain powers to access decryption information. These are:

(a) to 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) to 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 a criminal offence punishable by up to three years’ imprisonment and/or a fine of up to 10,000 SGD.

A copy of the Code can be found here.

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

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

A copy of the law can be found here.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Section 21 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002 allows for security and law enforcement agencies to make an application to a judge for a “decryption direction” which would compel a person to provide a decryption key (if they have it) or decryption assistance (access to the encrypted information or facilitate the putting of encrypted information into an intelligible form).

The judge may only make a decryption order if he or she is satisfied that particular communications consist of encrypted information, there is a specified decryption key holder in possession of the encrypted information and the key, and it is not reasonably practicable to obtain possession of the encrypted information in an intelligible form without issuing a decryption direction.

Failure to comply with a decryption direction is a criminal offence punishable, in the cases of natural persons, with up to ten years’ imprisonment or a fine of up to ZAR 2,000,000; and, for a legal person, a fine of up to ZAR 5,000,000.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 21 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002 allows for security and law enforcement agencies to make an application to a judge for a “decryption direction” which would compel a person to provide a decryption key (if they have it) or decryption assistance (access to the encrypted information or facilitate the putting of encrypted information into an intelligible form).

The judge may only make a decryption order if he or she is satisfied that particular communications consist of encrypted information, there is a specified decryption key holder in possession of the encrypted information and the key, and it is not reasonably practicable to obtain possession of the encrypted information in an intelligible form without issuing a decryption direction.

Failure to comply with a decryption direction is a criminal offence punishable, in the cases of natural persons, with up to ten years’ imprisonment or a fine of up to ZAR 2,000,000; and, for a legal person, a fine of up to ZAR 5,000,000.

A copy of the law can be found here.

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

No known legislation or policies.

Obligations on individuals to assist authorities

No known legislation or policies.

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

Article 51(e) of the Telecommunication Law (Law No. 18 of 2010) prohibits telecommunications network operators, service providers, their affiliates, and the users of such services, from using encryption of telecommunications service devices without the approval of the Telecommunications Regulatory Authority, the Ministry of Defence and relevant security agencies.

A copy of the law can be found (in Arabic) here and in English here.

Import/export controls

No known legislation or policies.

Obligations on providers to assist authorities

Article 51(b) of the Telecommunication Law (Law No. 18 of 2010) requires all licensed telecommunications service providers to ensure that they have all necessary technical capabilities for installing and using interception and tracing equipment within their telecommunications networks to enable the security agencies to carry out their duties in realisation of national security requirements. Though this does not refer to encryption, it could be interpreted to require the service providers to be able to decrypt any encrypted communications.

A copy of the law can be found (in Arabic) here and in English here.

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

Section 18 of the Computer Crimes Act 2007, as amended by the Computer Crimes Act (No. 2) 2017, grants authorities designated by a government minister various powers in relation to the investigation and inquiry of potential offences under the Act, but only to the extent necessary for the for the production of evidence concerning the commission of the crime and for the identification of the person responsible. These include the power to decrypt computer data of any person, or to order persons concerning the encryption of computer data to conduct decryption or to provide cooperation to competent authorities with respect to the said decryption. Under section 19, the competent authority must obtain a court order authorising the use of the power.

Failure to comply with such an order is a criminal offence, punishable with a fine of up to 200,000 THB and a further daily fine of up to 5,000 THB until they have so complied. A copy of the law (in Thai) can be found here and an English translation of the law can be found here

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.

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

Section 9 of the Computer Crimes Act, 2003 allows for a magistrate to issue a warrant to a police officer to search and seize computers, computer systems, and computer data or data storage medium if there are reasonable grounds to suspect that they may be material evidence in proving a criminal offence or acquired by a person as a result of a criminal offence.

Under section 10(1)(d) of the Computer Crimes Act, 2003 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 must permit, and, if required, assist the person making the search to obtain an intelligible output from a computer system in a format that can be read.

Failure to do so is a criminal offence punishable by up to two years’ imprisonment, a fine of up to 10,000 TOP, or both.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 9 of the Computer Crimes Act, 2003 allows for a magistrate to issue a warrant to a police officer to search and seize computers, computer systems, and computer data or data storage medium if there are reasonable grounds to suspect that they may be material evidence in proving a criminal offence or acquired by a person as a result of a criminal offence.

Under section 10(1)(d) of the Computer Crimes Act, 2003 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 must permit, and, if required, assist the person making the search to obtain an intelligible output from a computer system in a format that can be read.

Failure to do so is a criminal offence punishable by up to two years’ imprisonment, a fine of up to 10,000 TOP, or both.

A copy of the law can be found here.

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

Section 15(1) of the Interception of Communications Act provides that where an authorised officer has come into the possession of an encrypted communication by virtue of a warrant, or is likely to do so, and the officer has reasonable grounds to believe that a key to the communication is in the possession of a person and disclosure of that key is necessary for the purposes of the investigation under which the warrant was issued, the officer may apply to a judge for an order requiring that person to provide disclosure of the encrypted communication.

Under section 15(4), the judge must consider the extent and nature of any protected communication, the key to which is the same as that to the intercepted communication, and any adverse effect that complying with the order might have on a business carried on by the person to whom the order is addressed. Any order must require only such disclosure as is proportionate to what is sought to be achieved, allowing, where appropriate, for disclosure in such manner as would result in the putting of the communication in intelligible form other than by disclosure of the key itself.

Failure to comply with a disclosure order is a criminal offence, punishable by up to one year’s imprisonment and a fine of up to TTD 5,000.

A copy of the law can be found here.

Section 16 of the Computer Misuse Act 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 where there are reasonable grounds for believing 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. Under section 16(4), any such warrant allows the police officer to seize any computer, data, program, information, document or thing if he reasonably believes that it is evidence that an offence under the Act has been or is about to be committed.

Under section 16(5)(a)(iii), that a police officer executing a search warrant must be given 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 may also 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 a criminal offence punishable with up to two years’ imprisonment and a fine of TTD 15,000.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 15(1) of the Interception of Communications Act provides that where an authorised officer has come into the possession of an encrypted communication by virtue of a warrant, or is likely to do so, and the officer has reasonable grounds to believe that a key to the communication is in the possession of a person and disclosure of that key is necessary for the purposes of the investigation under which the warrant was issued, the officer may apply to a judge for an order requiring that person to provide disclosure of the encrypted communication.

Under section 15(4), the judge must consider the extent and nature of any protected communication, the key to which is the same as that to the intercepted communication, and any adverse effect that complying with the order might have on a business carried on by the person to whom the order is addressed. Any order must require only such disclosure as is proportionate to what is sought to be achieved, allowing, where appropriate, for disclosure in such manner as would result in the putting of the communication in intelligible form other than by disclosure of the key itself.

Failure to comply with a disclosure order is a criminal offence, punishable by up to one year’s imprisonment and a fine of up to TTD 5,000.

A copy of the law can be found here.

Section 16 of the Computer Misuse Act 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 where there are reasonable grounds for believing 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. Under section 16(4), any such warrant allows the police officer to seize any computer, data, program, information, document or thing if he reasonably believes that it is evidence that an offence under the Act has been or is about to be committed.

Under section 16(5)(a)(iii), that a police officer executing a search warrant must be given 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 may also 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 a criminal offence punishable with up to two years’ imprisonment and a fine of TTD 15,000.

A copy of the law can be found here.

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

Article 9 of the Telecommunications Code provides that the government may, by decree, set out the conditions and procedures for the use of encryption facilities or services through public telecommunications networks and the exercise of related activities. Article 4 of Decree N° 2008-2639 dated 21 July 2008 regulates the importation and commercialisation of encryption systems for telecommunications networks and provides that the National Agency of Digital Certification is responsible for technical approval of the commercialisation and importation of such systems. Article 7 of the Decree provides that Centre for Studies and Researches of Telecommunications, comprising members appointed by the Minister of Communications, is responsible for administrative approval of the the commercialisation and importation of systems.

Article 3 sets out exceptions to these general requirements for technical and administrative approval. These are those that have already been approved by the National Agency of Digital Certification under Article 4, as set out in a list published by the Agency, and those imported by business enterprises for their own purposes and for temporary use, with a list of such enterprises published by the Agency. Additionally, Article 1 provides that the Decree does not apply to encryption used to transmit data through telecommunications networks, nor to any encryption used by the Ministries of National Defence, the Interior, or Foreign Affairs, or by diplomatic and consular missions in Tunisia.

The use, manufacture, import, expert, selling or distribution of cryptographic means or services in violation of the requirements of the decree is a criminal offence, punishable by up to six months’ imprisonment, a fine of between 1,000 and 5,000 TND, or both.

A copy of the Code in Arabic can be found here and in French here.

A copy of the decree in English, French and Arabic can be found here.

Import/export controls

Article 9 of the Telecommunications Code provides that the government may, by decree, set out the conditions and procedures for the use of encryption facilities or services through public telecommunications networks and the exercise of related activities. Article 4 of Decree N° 2008-2639 dated 21 July 2008 regulates the importation and commercialisation of encryption systems for telecommunications networks and provides that the National Agency of Digital Certification is responsible for technical approval of the commercialisation and importation of such systems. Article 7 of the Decree provides that Centre for Studies and Researches of Telecommunications, comprising members appointed by the Minister of Communications, is responsible for administrative approval of the the commercialisation and importation of systems.

Article 3 sets out exceptions to these general requirements for technical and administrative approval. These are those that have already been approved by the National Agency of Digital Certification under Article 4, as set out in a list published by the Agency, and those imported by business enterprises for their own purposes and for temporary use, with a list of such enterprises published by the Agency. Additionally, Article 1 provides that the Decree does not apply to encryption used to transmit data through telecommunications networks, nor to any encryption used by the Ministries of National Defence, the Interior, or Foreign Affairs, or by diplomatic and consular missions in Tunisia.

The use, manufacture, import, expert, selling or distribution of cryptographic means or services in violation of the requirements of the decree is a criminal offence, punishable by up to six months’ imprisonment, a fine of between 1,000 and 5,000 TND, or both.

A copy of the Code in Arabic can be found here and in French here.

A copy of the decree in English, French and Arabic can be found here.

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

Section 10(1) of Regulation of Interception of Communications Act, 2010 allows the security and law enforcement agencies to impose “disclosure requirements” to persons in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person, and that a disclosure requirement is necessary for in the interests of national security, to prevent or detect a criminal offence which puts a person’s life at risk, to prevent or detect an offence of drug trafficking or human trafficking, or in the interests of the country’s economic wellbeing.

A person subject to a disclosure requirement use any key in their possession to get access to the information and disclosure it in an intelligible form (s. 10(4)). If the person no longer possess the key but has information that will facilitate the obtaining or discovery of the key, they must disclose that information to the agency (s. 10(5)).

Failure to comply with a disclosure requirement is a criminal offence, punishable with up to five years’ imprisonment, a fine, or both.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 10(1) of Regulation of Interception of Communications Act, 2010 allows the security and law enforcement agencies to impose “disclosure requirements” to persons in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person, and that a disclosure requirement is necessary for in the interests of national security, to prevent or detect a criminal offence which puts a person’s life at risk, to prevent or detect an offence of drug trafficking or human trafficking, or in the interests of the country’s economic wellbeing.

A person subject to a disclosure requirement use any key in their possession to get access to the information and disclosure it in an intelligible form (s. 10(4)). If the person no longer possess the key but has information that will facilitate the obtaining or discovery of the key, they must disclose that information to the agency (s. 10(5)).

Failure to comply with a disclosure requirement is a criminal offence, punishable with up to five years’ imprisonment, a fine, or both.

A copy of the law can be found here.

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

While the legal basis is unknown, the Telecommunications Regulatory Authority has banned a number of Voice over Internet Protocol providers which use encryption, including Skype and WhatsApp.

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

Under section 253 of the Investigatory Powers Act 2016, the Secretary of State may give a telecommunications service provider a ‘technical capability notice’. Such a notice may impose on the provider any applicable obligations specified, and require them to take all steps specified in order to comply with those obligations. A technical capability notice may be issued if three requirements are met (s. 253(2)).

First, the Secretary of State must considers that the notice is necessary to ensure that the provider has the capability to provide any assistance that they may be required to provide in relation to interception, obtaining communications data or equipment interference authorised by the Act (s. 253(1)(a)).

Second, the Secretary of State must considers that the conduct required by the notice is proportionate to what is sought to be achieved by that conduct (s. 253(1)(b)).

Third, the decision to give the notice must have been approved by a Judicial Commissioner. A Judicial Commissioner is a specially appointed judge, and, when deciding whether to approve a notice, must consider whether the notice is necessary and proportionate (s. 253(1)(c)).

The obligations that can be included in a technical capability notice are to set out in secondary legislation, the Investigatory Powers (Technical Capability) Regulations 2018. While the Regulations don’t explicitly refer to the ability to decrypt communications, they do include the capability to “disclose the content of communications or secondary data in an intelligible form where reasonably practicable” and to “remove electronic protection applied by or on behalf of the telecommunications operator to the communications or data where reasonably practicable”.

Where the Secretary of State is considering whether to issue a notice which requires the removal of electronic protection, they must take into account the technical feasibility and likely cost of compliance. (s. 255(4)).

Failure to comply with obligations in a technical capability notice is not a criminal offence, but can be enforced through the civil courts.

Section 49 of the Regulation of Investigatory Powers Act 2000 contains powers for the security and law enforcement agencies in relation to “protected information” i.e. electronic data which, without the key to the data, cannot, or cannot readily, be accessed or put into an intelligible form.

Where protected information has come into the hands of an agency, they may, usually with a requirement for written permission from a judge, impose a disclosure requirement upon a person if they reasonably believe that:

  • a key to the protected information is in the possession of a person;
  • that a disclosure requirement in respect of the protected information is necessary in the interests of national security, for the purpose of preventing or detecting crime, in the interests of the economic well-being of the United Kingdom, or to secure the effective exercise or proper performance of any statutory power or duty;
  • that a disclosure requirement is proportionate to what is sought to be achieved by its imposition; and
  • it is not reasonably for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without a disclosure requirement.

Under section 50, where a disclosure requirement has been made, the person to whom it is directed must use any key in his possession to obtain access to the information, or to put it into an intelligible form, and make a disclosure of the information in an intelligible form. Alternatively, the person can disclosure the key itself.

Failure to comply with a disclosure requirement is a criminal offence punishable in ordinary cases by imprisonment of up to two years’, a fine, or both. In cases involving national security or child indecency, the punishment is imprisonment of up to five years’, a fine, or both.

A copy of the Investigatory Powers Act 2016 can be found here.

A copy of the Investigatory Powers (Technical Capability) Regulations 2018 can be found here.

A copy of the Regulation of Investigatory Powers Act 2000 can be found here.

Obligations on individuals to assist authorities

Section 49 of the Regulation of Investigatory Powers Act 2000 contains powers for the security and law enforcement agencies in relation to “protected information” i.e. electronic data which, without the key to the data, cannot, or cannot readily, be accessed or put into an intelligible form.

Where protected information has come into the hands of an agency, they may, usually with a requirement for written permission from a judge, impose a disclosure requirement upon a person if they reasonably believe that:

  • a key to the protected information is in the possession of a person;
  • that a disclosure requirement in respect of the protected information is necessary in the interests of national security, for the purpose of preventing or detecting crime, in the interests of the economic well-being of the United Kingdom, or to secure the effective exercise or proper performance of any statutory power or duty;
  • that a disclosure requirement is proportionate to what is sought to be achieved by its imposition; and
  • it is not reasonably for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without a disclosure requirement.

Under section 50, where a disclosure requirement has been made, the person to whom it is directed must use any key in his possession to obtain access to the information, or to put it into an intelligible form, and make a disclosure of the information in an intelligible form. Alternatively, the person can disclosure the key itself.

Failure to comply with a disclosure requirement is a criminal offence punishable in ordinary cases by imprisonment of up to two years’, a fine, or both. In cases involving national security or child indecency, the punishment is imprisonment of up to five years’, a fine, or both.

A copy of the Regulation of Investigatory Powers Act 2000 can be found here.

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 (ITAR) and the Export Administration Regulations (EAR) both impose controls on the export of certain forms of encryption.

The ITAR can be found here and the EAR can be found here.

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.

A copy of the law can be found here.

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

Section 24(2) of the Electronic Transactions Act 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.

A copy of the law can be found here.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

Section 24(1) of the Electronic Transactions Act 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.

A copy of the law can be found here.

Import/export controls

Section 24(1) of the Electronic Transactions Act 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.

A copy of the law can be found here.

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

Article 31 of the Law on Network Information Security requires businesses trading in civil encryption products (defined as encryption products, technical equipment and cryptographic skills) to obtain a licence to do so from the Government Cipher Committee.

To obtain a licence, a business must meet various criteria relating to staff skills, appropriate equipment and facilities, feasible technical and sales plans, a plan for network information confidentiality and security for the process, management and supply of cryptographic products, and an appropriate business plan.

A copy of the law (in Vietnamese) can be found here and in English here.

Import/export controls

Article 34 of the Law on Network Information Security provides that the importation or exportation of cryptographic products by a company requires a licence. In order to obtain a licence, a company must hold a licence to trade in civil cryptographic products, the products must be certified as conforming with standards and norms of network information security, and the the subject and purpose of using the civil cryptographic product must not cause damage to national defence, security and social discipline and safety.

A copy of the law (in Vietnamese) can be found here and in English here.

Obligations on providers to assist authorities

Article 36 of the Law on Network Information Security requires organisations to provide information relating to cryptographic keys to competent state bodies upon request, as well as to cooperate with and help competent state bodies take measures to prevent crimes involving stealing information or cryptographic keys, or using civil cryptographic products, for illegal purposes.

A copy of the law (in Vietnamese) can be found here and in English here.

Obligations on individuals to assist authorities

Article 36 of the Law on Network Information Security requires individuals to provide information relating to cryptographic keys to competent state bodies upon request, as well as to cooperate with and help competent state bodies take measures to prevent crimes involving stealing information or cryptographic keys, or using civil cryptographic products, for illegal purposes.

A copy of the law (in Vietnamese) can be found here and in English here.

Other restrictions

Article 36 of the Law on Network Information Security requires organisations and individuals using a civil cryptographic product which is provided by a provider not licensed for trading in civil cryptographic products to declare it with the Government Cipher Committee. There are exceptions for diplomatic agencies, foreign consulates and representative agencies of intergovernmental organisations in Vietnam.

A copy of the law (in Vietnamese) can be found here and in English here.

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

Section 85 of the Electronic Communications and Transactions Act, 2009 provides that individuals may use encryption, regardless of the algorithm, key length or implementation technique or medium, provided that they do so in accordance with the Act.

A copy of the law can be found here.

Mandatory minimum or maximum encryption strength

No known legislation or policies.

Licensing/registration requirements

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

Provision of cryptograph services or productions without registration is a criminal offence, punishable by imprisonment for up to seven years, a fine of up to 700,000 penalty units (210,000 ZMK) or both.

A copy of the law can be found here.

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

Section 85 of the Electronic Communications and Transactions Act, 2009 creates a criminal offence of using encryption to obstruct or impede a law enforcement officer, or to interfere with the performance by a law enforcement officer of any functions under the Act, punishable by up to two years’ imprisonment, a fine of up to 200,000 penalty units (60,000 ZMK), or both.

A copy of the law can be found here.

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

Section 11(1) of Interception of Communications Act allows the security and law enforcement agencies to impose “disclosure requirements” to persons in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person, and that a disclosure requirement is necessary for in the interests of national security, to prevent or detect a serious criminal offence, or in the interests of the country’s economic wellbeing. They must also believe that the requirement is proportionate to what is sought to be achieved by its imposition and that it is not reasonably practicable for them to obtain possession of the encrypted information in an intelligible form without a disclosure requirement.

A person subject to a disclosure requirement must use any key in his or her possession to provide access to the information, and, in providing such information, make a disclosure of the information in an intelligible form (s. 11(4)). If the person no longer possess the key but has information that will facilitate the obtaining or discovery of the key, they must disclose that information to the agency (s. 11(6)).

Failure to comply with a disclosure requirement is a criminal offence, punishable with up to five years’ imprisonment, a fine, or both.

A copy of the law can be found here.

Obligations on individuals to assist authorities

Section 11(1) of Interception of Communications Act allows the security and law enforcement agencies to impose “disclosure requirements” to persons in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person, and that a disclosure requirement is necessary for in the interests of national security, to prevent or detect a serious criminal offence, or in the interests of the country’s economic wellbeing. They must also believe that the requirement is proportionate to what is sought to be achieved by its imposition and that it is not reasonably practicable for them to obtain possession of the encrypted information in an intelligible form without a disclosure requirement.

A person subject to a disclosure requirement must use any key in his or her possession to provide access to the information, and, in providing such information, make a disclosure of the information in an intelligible form (s. 11(4)). If the person no longer possess the key but has information that will facilitate the obtaining or discovery of the key, they must disclose that information to the agency (s. 11(6)).

Failure to comply with a disclosure requirement is a criminal offence, punishable with up to five years’ imprisonment, a fine, or both.

A copy of the law can be found here.

Other restrictions

No known legislation or policies.