- Is it related to someone stealing classified information, spying / or spy cell, or could be planning a terrorist attack? In that case, they may be more sophisticated, or the investigation shifts to preventing something from occurring in the future, or its a matter of trying to figure out what a cell of foreigners from Russia/etc. are trying to get.
- Is it something related to a drug investigation? If it's involving drugs, countries everywhere have roving wiretap abilities because druglords use burner phones, and like above, they go to great lengths to hide / mask what they're doing as if it's legitimate business.
- Is it related to any other criminal investigation? Police has more ability to intercept communications than civilians. There is a whole world inside here of nuances. An example in USA is subpoena'ing email records where unopened email is treated as abandoned, they don't require a search warrant. Not that there's many cases prosecuted relying on abandoned email retrieved that'd be thrown out if the law changed :P
- Protect/regulation around data of medical (HIPAA in US, I think GDPR in EU), children (COPPA in US)
- Normal consumer privacy protections (GDPR in EU)
Here's an example of Germany's constitution (Article 10 [Privacy of correspondence, posts and telecommunications] , https://www.bundesregierung.de/breg-en/chancellor/basic-law-...):
> (1) The privacy of correspondence, posts and telecommunications shall be inviolable.
But, then it says:
> (2) Restrictions may be ordered only pursuant to a law. If the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land, the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature.
The above basically gets you what most countries have anyway, so maybe it wouldn't address the concerns people have. If there was a constitutional check for privacy over the wire/data in the cloud it'd be upheld at the judicial level to check the executive / legislative branch. However, there'd still be mechanisms where the government can access data, one way or another. It'd probably end up having the phraseology around them narrowly tailored, there'd be less swept in when decisions are in a gray area.