
Effective Access to Electronic Evidence: towards a new Protocol to the Budapest Convention


Background
The increased use of new technologies by criminals to organize, plan and carry out illegal activities online put the spotlight on the use of electronic evidence in criminal investigations. The latter is crucial, not only for investigating cybercrime but any type of crime. The globalization of the communication infrastructure brings additional challenges for investigators as offenders, victims and electronic evidence may be located in multiple jurisdictions and conflicting national laws may apply to obtain such evidence.
Objectives
The International Association of Prosecutors and the GLACY+ project of the Council of Europe and the European Commission are co-organising a thematic workshop to exchange views and share experiences on the existing and new forms of cooperation for effective access to electronic evidence.
Expected outcomes
- Participants will have identified the challenges of international cooperation for access to electronic evidence and the risks to rule of law associated with these.
- Participants will be up-to-date and will have shared their views on current proposals on solutions aimed at more effective and efficient access to electronic evidence, including through the future 2nd Additional Protocol to the Budapest Convention.
Resources
- Council of Europe, Electronic Evidence Guide (upon request)
- Council of Europe, Standard Operating Procedures for the collection, analysis and presentation of electronic evidence (upon request)
- Council of Europe, Budapest Convention on Cybercrime
- Council of Europe, Second Additional Protocol to the Budapest Convention (ongoing protocol negotiations)
- Legal framework for investigation of encrypted devices in UK, Australia, Finland, France, India and the Republic of Ireland