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International: Council of Europe commences additional stakeholders consultation on first draft of 2nd Budapest Convention protocol

The Cybercrime Convention Committee ('T-CY') of the Council of Europe released, on 14 April 2021, the first complete draft of the Second Additional Protocol to the Convention on Cybercrime on Enhanced Cooperation and Disclosure of Electronic Evidence ('the Budapest Convention'), following the preceding five rounds of contributions on individual articles, and invited interested stakeholders to submit written comments on the same by 2 May 2021. In particular, the T-CY outlined that some sections of the Explanatory Report are still being prepared. 

More specifically, the Protocol reconciles the need for an effective criminal justice response to strengthen the rule of law and protect victims and their rights with the need for strong human rights and rule of law safeguards, including for the protection of personal data.

Furthermore, the Protocol covers procedures pertaining to, among other things:

  • enhancing direct cooperation with providers and entities in other parties;
  • enhancing international cooperation between authorities for the disclosure of stored computer data;
  • emergency mutual assistance; and
  • international cooperation in the absence of applicable international agreements, for example regarding video conferencing.

Under Chapter III, Article 14 expands upon conditions and safeguards for the protection of personal data received under the Protocol by its parties, by clarifying that purposes for the same are provided under Article 2 of the Protocol. To this end, the Protocol requests, among other things, the quality, integrity, security of personal data, that parties maintain records demonstrating how an individual's personal data is accessed, used and disclosed, that personal data be retained only for as long as necessary and appropriate in view of the aforementioned purposes, and the prior authorisation of specific authorities before personal data may be transferred to another state or international organisation, among many other things.

Lastly, the T-CY noted that the Protocol is expected to be finalised and adopted during 2021.

You can read the press release here, access the Protocol consultation page here, and read the draft Protocol here.