Back iPROCEEDS: Legal Reflections on 24/7 Point of Contact and Preservation Requests

Istanbul, Turkey , 

The primary purpose of international cooperation in cybercrime investigations and proceedings is the preservation and production of admissible and reliable evidence that can be used in pre-trial and trial proceedings in criminal cases. Electronic evidence in cases of offences against and by means of information technology is usually difficult to collect and relatively volatile; cybercrime is often transnational in nature and electronic evidence can be found in jurisdictions beyond the reach of the investigating state. It is therefore crucial that, in investigating and prosecuting cybercrime, the States Parties to the Budapest Convention on Cybercrime are prepared to employ a variety of international cooperation modalities available under the Convention in an efficient and timely manner, as the expediency and timeliness of international cooperation is a condition for effective measures against cybercrime and other offences involving electronic evidence.

The Budapest Convention contains a range of procedural powers and international cooperation measures aimed and preserving electronic evidence, search, seizure or interception of data and others. One of the solutions it offers is the creation and operation of the global network of 24/7 points of contact, tasked with the provision of technical advice, preservation of data, collection of evidence, provision of legal information, locating of suspects in cases involving cybercrime and electronic evidence.

Designating the contact point and making public its contact details for ensuring compliance with the Article 35 of the Budapest Convention is an absolute prerequisite, but not sufficient in the longer term. By analogy to the mutual legal assistance process, where most of applicable functions and powers are clearly set out in criminal procedure or specialised legislation, the incorporation of the 24/7 point of contact and its authority, responsibilities and basic operations should be clearly set by law.

On 15-16 April 2019 the Cybercrime Department of the Turkish National Police has organised a meeting with the support of iPROCEEDS project. The meeting brought together judges, prosecutors, representatives of the Information Technologies and Communication Authority, academia and the private sector to discuss the role and functioning of the 27/4 Point of Contact in Turkey, consider a number of practical scenarios, as well as identify the existent legislative gaps and find solutions that would increase the effectiveness of the mechanism. Also, the foreign 24/7 Points of Contact from France, Latvia and Romania shared their experience, legal framework and challenges they face in their daily work.

 

T-CY Secretariat 


Alexander SEGER
Executive Secretary

Jan KRALIK
Programme Manager

Céline DEWAELE
Programme Assistant


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