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Convention on Cyber Crime

Survey Answer:

In addition to defining IT-related criminal offences and creating a framework for their harmo-nised and international prosecution, the Cybercrime Convention also provides for a set of IT-related investigative powers. This “toolset” aims to enable authorities and law enforcement agencies to better and more efficiently combat cybercrime.
At the same time the Convention requires the signatory states to implement conditions and safeguards to ascertain the adequate protection of human rights and liberties, incorporating the principle of proportionality and taking into consideration the impact of the powers and pro-cedures upon the rights, responsibilities and legitimate interests of third parties.
According to Art 15 of the Convention, such measures may include judicial or other independ-ent supervision, grounds justifying application, and limitation of the scope and the duration of the power or procedure.
The investigative powers and procedures established by the Cybercrime convention are:
• Expedited preservation of stored computer data (Art 16). This includes the possibility to order a third party in control or possession of the data to preserve and maintain the integrity of that data.
• Expedited preservation and partial disclosure of traffic data (Art 17), even if more than one service provider is involved in the transmission of the communication.
• Production orders (Art 18) relating to computer data as well as subscriber information.
• Search and seizure of stored computer data (Art 19), including the possibility to order third parties to disclose access- or other relevant information and to expediously extend the search to other systems.
• Real-time collection of traffic data (Art 20), including compelling a service provider to execute the collection on the authorities’ behalf.
• Interception of content data (Art 21).

Finally, Chapter III of the Cybercrime Conventions also contains provisions on international co-operation in its Articles 23 - 35, addressing topics such as extradition, spontaneous information or confidentiality and providing a harmonised system for the same.
While these rules can be highly relevant eg in case of expected or ongoing cross-border investi-gations, for the purpose of this survey it suffices to point out that these provisions exist .

Provided By:
Árpád Geréd, Maybach Görg Lenneis Geréd Rechtsanwälte