Disk encryption software
Disk encryption generally refers to wholesale encryption that operates on an entire volume mostly transparently to the user, the system, and applications. This is generally distinguished from file-level encryption that operates by user invocation on a single file or group of files, and which requires the user to decide which specific files should be encrypted. Disk encryption usually includes all aspects of the disk, including directories, so that an adversary cannot determine content, name or size of any file. It is well suited to portable devices such as laptop computers and thumb drives which are particularly susceptible to being lost or stolen. If used properly, someone finding a lost device cannot penetrate actual data, or even know what files might be present.
Human rights and encryption
Encryption supports this mode of communication by allowing people to protect the integrity, availability and confidentiality of their communications. The requirement of uninhibited communications is an important precondition for freedom of communication, which is acknowledged by constitutional courts e.g. US Supreme Court and the German Bundesverfassungsgericht as well as the European Court of Human Rights. More specifically, meaningful communication requires people's ability to freely choose the pieces of information and develop their ideas, the style of language and select the medium of communication according to their personal needs. Uninhibited communication is also a precondition for autonomous personal development. Human beings grow their personality by communicating with others. UN's first Special Rapporteur on Privacy, professor Joe Cannataci, stated that ""privacy is not just an enabling right as opposed to being an end in itself, but also an essential right which enables the achievement of an over-arching fundamental right to the free, unhindered development of one's personality"". In case such communication is inhibited, the interaction is biased because a statement does not only reflect the speaker's true (innermost) personal views but can be unduly influenced by considerations that should not shape communication in the first place. Therefore, the process of forming one's personality through social interaction is disrupted. In a complex society freedom of speech does not become reality when people have the right to speak. A second level of guarantees need to protect the precondition of making use of the right to express oneself. If there is the risk of surveillance the right to protect one freedom of speech by means of encryption has to be considered as one of those second level rights. Thus, restriction of the availability and effectiveness of encryption as such constitutes an interference with the freedom of expression and the right to privacy as it protects private life and correspondence. Therefore, it has to be assessed in terms of legality, necessity and purpose.