While cybercrime is proliferating and the complexity of obtaining electronic evidence that may be stored in foreign, multiple, shifting or unknown jurisdictions is increasing, the powers of law enforcement are limited by territorial boundaries. As a result, only a very small share of cybercrime that is reported to criminal justice authorities is leading to prosecutions or court decisions.
The Protocol responds to this challenge and provides tools for enhanced co-operation and disclosure of electronic evidence - such as direct cooperation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations - that are subject to a system of human rights and rule of law, including data protection safeguards.
Tools of the Second Additional Protocol
- Direct requests to registrars in other jurisdictions to obtain domain name registration information
- Direct co-operation with service providers in other jurisdictions to obtain subscriber information
- More effective means to obtain subscriber information and traffic data through government-to-government co-operation
- Expeditious co-operation in emergency situations
- Joint investigation teams and joint investigations
- Video conferencing
+ a strong system of human rights and rule of law safeguards, including for the protection of personal data
14 Jun 2022 10:26:00
Costa Rica becomes 24th State to sign the Second Additional Protocol to the Convention on CybercrimeStrasbourg 14 June 2022
The new Protocol on enhanced co-operation and disclosure of electronic evidence was opened for...
20 May 2022 17:10:00
Ministers of Foreign Affairs call for signature and ratification of the e-evidence Protocol to the Budapest Convention – Andorra is 23rd State to sign this ProtocolStrasbourg 20 May 2022
The Ministers of Foreign Affairs of Council of Europe members meeting in Turin, Italy, on 20 May,...
13 May 2022 18:00:00
Enhanced co-operation and disclosure of electronic evidence: 22 countries open the way by signing the Second Additional Protocol to the Cybercrime ConventionStrasbourg, France and online 12-13 May 2022
The Second Additional Protocol to the Convention on Cybercrime (Budapest Convention), on enhanced...
13 June 2022
Costa Rica becomes 24th signatory
20 May 2022
Andorra becomes 23rd signatory
12 May 2022
22 Parties sign the Second additional Protocol at the opening for signature conference [Austria, Belgium, Bulgaria, Chile, Colombia, Estonia, Finland, Iceland, Italy, Japan, Lithuania, Luxembourg, Montenegro, Morocco, Netherlands, North Macedonia, Portugal, Romania, Serbia, Spain, Sweden and the United States of America]
17 November 2021
The Second additional Protocol is adopted by the Committee of Ministers
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