Dutch Supreme Court: appeal over removing EncroChat and Sky ECC data fails
On 3 November, the Dutch Supreme Court declared an appeal inadmissible concerning the removal of EncroChat and Sky ECC data from a criminal file. The separate complaint procedure offered no route to that remedy.
The complainant had been convicted at first instance of drug offences and possessing firearms and ammunition. During his appeal, he sought to have EncroChat and Sky ECC material and other data removed from the case file through a separate complaint under Article 552a of the Dutch Code of Criminal Procedure. He also sought a ban on inspecting or using the material. The Arnhem-Leeuwarden Court of Appeal declared the complaint inadmissible on 17 February 2025.
The Supreme Court followed Advocate General P.M. Frielink’s conclusion: once the criminal trial has begun, the complaints judge cannot use this procedure to order material removed from the file or prohibit its use. No cassation appeal was therefore available against the appellate court’s decision. This ruling concerns access to that procedure, rather than a general assessment of the lawfulness or reliability of all EncroChat and Sky ECC data.
