Can the police require a suspect to disclose the password to their mobile phone or unlock it using their fingerprint? Can a person be penalised for refusing to grant access to the data stored on their device? How can the right to remain silent, the privilege against self-incrimination and the right to privacy be protected in such situations?
These questions lie at the heart of the European project SUPRAS – SUspects’ PRivilege Against Self-incrimination and access to password-protected and encrypted data on digital devices, in which the Human Rights House Zagreb is also a partner.
The project addresses the rights of individuals suspected or accused of criminal offences in situations where law enforcement authorities seek access to their digital devices and data protected by passwords or encryption. Its aim is to examine existing legal uncertainties, compare approaches across different EU Member States and contribute to the consistent application of European fundamental rights standards.
Passwords and the privilege against self-incrimination
Digital devices now store vast amounts of information, ranging from personal communications and photographs to business documents and data that may be relevant to criminal investigations. While their contents can provide valuable evidence, accessing protected data also raises complex questions about the protection of individual rights.
In practice, suspects or accused persons may be asked to disclose a password, unlock a device using biometric data such as a fingerprint or facial recognition, provide a decryption key or supply data in an unencrypted form. However, it is not always clear to what extent such requests may be considered permissible investigative measures and when they may amount to a violation of the right to remain silent and the privilege against self-incrimination.
The SUPRAS project places particular emphasis on the relationship between these issues and Article 7 of Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence. This Article guarantees the right to remain silent and the right not to be compelled to incriminate oneself. SUPRAS seeks to contribute to a better understanding of these issues and to provide greater clarity regarding the boundaries between the needs of criminal investigations and the protection of the rights of suspects and accused persons.
Comparing legal frameworks and experiences across countries
One of the project’s key objectives is to examine how these issues are regulated in the participating countries, as well as in several other EU Member States.
Through data collection and analysis, the project will explore national legal frameworks, their application in practice and the differences between countries. This comparative analysis will help identify good practices, as well as areas where legal uncertainties or gaps in the protection of fundamental rights remain. Its aim is to contribute to a more harmonised European approach that takes into account both the needs of effective law enforcement and the obligation to respect the right to a fair trial and the right to privacy.
Sharing knowledge and strengthening practitioners’ capacity
Ensuring consistent protection of rights requires more than simply guaranteeing them in legislation. It is equally important that those working within the criminal justice system understand these rights and apply them in their everyday practice.
For this reason, SUPRAS includes expert meetings, capacity-building events and activities designed to promote mutual learning and the exchange of good practices among participating countries. These activities will involve relevant experts and practitioners from the field of criminal justice.
Through this cooperation, the project seeks to improve understanding of European standards and equip practitioners to recognise situations in which access to protected digital data may jeopardise the right to remain silent, the privilege against self-incrimination or the right to privacy.
The project will bring together experiences from national legal systems and the wider European context, creating space for a joint discussion of possible solutions.
Recommendations for clearer rules and stronger protection of rights
The findings of the research and the exchange of experiences will provide the basis for developing policy guidelines and recommendations. These will be aimed at decision-makers and practitioners involved in shaping and applying rules governing access to digital evidence.
The objective is to promote a clearer understanding of states’ obligations to protect the right to remain silent and the privilege against self-incrimination, while reducing the risk of violations of the right to a fair trial and the right to privacy. At the same time, the project seeks to encourage further harmonisation of law and practice across the European Union.
Ultimately, SUPRAS recognises that technological developments and the growing importance of digital evidence require legal standards to evolve accordingly. The effectiveness of criminal investigations and the protection of fundamental rights should not be competing objectives, but complementary elements of a well-functioning legal system.
Partners
The SUPRAS project is coordinated by the Science and Research Centre Koper (Znanstveno-raziskovalno središče Koper) in Slovenia. The project partners are the Human Rights House Zagreb in Croatia and the Bratislava Institute (Bratislavský inštitút) in Slovakia.
The partnership brings together experience and expertise from different national legal systems and enables joint work to identify good practices and develop recommendations at the European level.
Project duration and funding
The SUPRAS project runs from 1 August 2026 to 31 July 2028.
