As the Convention on Cybercrime (“Budapest Convention”) turns 20, the Committee of Ministers of the Council of Europe has adopted a Second Additional Protocol to the Convention on enhanced co-operation and the disclosure of electronic evidence.
“This text is a significant step forward in technological capacity and co-operation between governments and with service providers. It will extend the rule of law further into cyberspace, protect internet users, and help provide justice for those who become victims of crime,” said Council of Europe Secretary General Marija Pejčinović Burić.
Considering the proliferation of cybercrime and the increasing complexity of obtaining electronic evidence that may be stored in foreign, multiple, shifting or unknown jurisdictions, 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 court decisions.
As a response, the Protocol provides a legal basis for disclosure of domain name registration information and for direct co-operation with service providers for subscriber information, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies, mutual assistance tools, as well as personal data protection safeguards. The text should be opened for signature in May 2022.