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International: Council of Europe adopts second additional protocol to Budapest Convention

The Council of Europe announced, on 17 November 2021, that it had adopted the Second Additional Protocol to the Convention on Cybercrime on Enhanced Cooperation and Disclosure of Electronic Evidence ('the Budapest Convention'), following a consultation on the same initiated in April 2021. In particular, the Protocol aims to further enhance cooperation on cybercrime and the ability of criminal justice authorities to collect evidence in electronic form of a criminal offence for the purpose of specific criminal investigations or proceedings through additional tools pertaining to more efficient mutual assistance and other forms of cooperation between competent authorities. 

More specifically, the Protocol provides a legal basis for disclosure of domain name registration information and for direct cooperation with service providers for subscriber information, effective means to obtain subscriber information and traffic data, immediate cooperation in emergencies, mutual assistance tools, as well as personal data protection safeguards. 

The text of the Protocol is expected to be opened for signature in May 2022.

You can read the press release here, the Protocol here, and the explanatory report here.