A.L. and E.J. v France: EncroChat applications inadmissible
The ECtHR declared two applications about French EncroChat interception and transfer to the United Kingdom inadmissible. The decision of 24 September 2024 turned in part on failure first to use an available French remedy.
British applicants A.L. and E.J. alleged that collecting and sharing their data breached privacy, and complained about the absence of an effective remedy. The messages were used in separate British criminal cases. The application numbers are 44715/20 and 47930/21; the press release appeared on 17 October 2024.
The Court accepted that France could be responsible for the challenged acts and recognised their victim status. However, it found an available French procedure for challenging execution of the European Investigation Order and the underlying data retrieval. The applicants had not used it.
The privacy complaint therefore failed the requirement to exhaust domestic remedies first. Complaints about the absence of a remedy were also declared inadmissible.
