SUspects’ PRivilege Against Self-incrimination and password protected information

The SUPRAS addresses the procedural and privacy rights of individuals suspected or accused of crime. It explores the legal uncertainties surrounding whether authorities may compel a suspect to disclose passwords or provide biometric identifiers to unlock digital devices, as well as to hand over decryption keys or unencrypted data. The project examines whether such obligations – and the sanctioning of suspects for refusing to comply – fall within fall within the scope of the right to remain silent and the privilege against self-incrimination, as guaranteed by Article 7 of Directive (EU) 2016/343 on the presumption of innocence and the right to be present at trial in criminal proceedings. The project covers the jurisdictions of the participating countries, as well as several other EU Member States, with the aim of mapping good practices and contributing to a more harmonised EU approach. Its implementation will strengthen cooperation among participating countries and enhance stakeholders’ capacity to ensure the consistent application of the Directive.