Action against economic crime


T-CY TRANSBORDER ACCESS



About


The increasing reliance of societies on ICT is accompanied by increasing offences against and by means of computer systems. Cybercrime violates the rights of individuals and, therefore, governments have the positive obligation to protect society against crime, among other things, through effective law enforcement.

A primary goal of law enforcement is to secure evidence. In relation to cybercrime but also many other types of crime, this takes the form of electronic evidence. Electronic evidence is volatile and may be stored in multiple or unknown jurisdictions. While the primary means to secure electronic evidence stored in another State is mutual legal assistance, unilateral access to data may also be necessary in certain situations.

The Budapest Convention on Cybercrime through Article 32 allows for transborder access to data in very limited circumstances.

In December 2012, the Cybercrime Convention Committee (T-CY) adopted a report with two proposals to address the challenge of transborder access also in the context of cloud computing:


On the agenda in 2014


Following the public hearing held on 3 June 2013, the report of the Transborder Group for 2013 and the decision of the 10th Plenary of the Cybercrime Convention Committee (T-CY), the dialogue with relevant stakeholders will continue in 2014.

Thus, a conference on Article 15 safeguards and criminal justice access to data will be held on 19-20 June 2014, in Strasbourg. This conference is open to representatives of civil society organisations, Internet Service Providers (including ISP associations), social media, cloud service providers, e-commerce platforms, members and observers in the Cybercrime Convention Committee (T-CY) and other interested stakeholders. 

EVENTS
triangle12th T-CY Plenary (2-4 December 2014, Strasbourg)
 Conference Article 15 safeguards and criminal justice access to data (19-20 June 2014, Strasbourg) - Registration form

TRANSBORDER GROUP DOCUMENTS
Guidance Note on Transborder Access
Draft elements of an Additional Protocol to the Budapest Convention
Transborder report
Transborder Group final report for 2013

PUBLIC HEARING

T-CY REPORTS

T-CY HOME PAGE

BUDAPEST CONVENTION
The Convention
The Convention in other languages
The Explanatory Report
The Protocol on Xenophobia and Racism (ETS 189)
The Protocol in other languages
 
CYBERCRIME HOME PAGE