Cybercrime and the rule of law safeguard

05 November 2012 - A Pre-event on Baku,Azerbaijan


Organising entity:

Data Protection and Cybercrime Division
Directorate General Human Rights and Rule of Law
Council of Europe

Description, objective:

The aim of the conference is to promote respect for rule of law and human rights when applying criminal justice measures against cybercrime: what conditions are to be met and what safeguards are to be established to meet rule of law and human rights requirements when investigating cybercrime and securing electronic evidence?

States have a positive obligation to protect the rights of individuals. This includes their protection against crime but also against arbitrary interference into rights by public authorities.

The Budapest Convention on Cybercrime helps states meet this challenge with regard to cybercrime: it requires governments to take measures against offences against and by means of computer data and systems, to provide law enforcement with procedural powers for effective investigations and to engage in efficient international cooperation.

At the same time, Article 15 protects individuals against arbitrary intrusion: the procedural powers adopted by Parties to the Convention are to be “subject to conditions and safeguards provided for under its domestic law which shall provide for the adequate protection of human rights and liberties”.

The conference is to review specifically how such conditions and safeguards are implemented in countries of Eastern and South-eastern Europe. Results will be documented following the conference. Lessons learnt should be of benefit to any country.

Policy makers and representatives of criminal justice and civil society organisations participating in the IGF are invited to share their experience.

The Council of Europe and the European Union through the CyberCrime@IPA and Cybercrime@EAP regional joint projects are supporting countries and areas of Eastern and South-eastern Europe to meet the challenge of cybercrime. Representatives of public authorities and civil society of these regions are the primary addressees of the Conference. Representatives from ministries of justice, prosecution services and/or cybercrime units from these countries are expected to present their system of conditions and safeguards limiting investigative powers.