The European Commission adopted on Thursday 25 November two proposals for the ratification of a new instrument to improve cooperation on access to electronic evidence in the judicial area.
The purpose of this adoption is to authorise EU Member States to sign and ratify the second additional protocol to the Budapest Convention on Cybercrime (see EUROPE 12698/32).
In addition to increased mutual assistance and cooperation, this new protocol is intended to provide a new basis in international law for facilitating access to electronic evidence between competent authorities and private sector service providers.
This new instrument, the Commission said in a press release, should also contribute to the establishment of joint investigation teams.
In addition, a section of the protocol is also devoted to the protection of fundamental rights, respect for privacy and the protection of personal data.
The text of this second protocol, the result of negotiations begun in 2017 between 66 States Parties to the Budapest Convention, was adopted by the Committee of Ministers of the Council of Europe on 17 November.
It will now be up to the EU Council to adopt the text and the European Parliament to approve it for ratification.
The Budapest Convention was signed in 2001 and was intended to establish a legal framework for combating online criminal offences. The text was specifically aimed at issues related to fraud, child pornography and network security offences.
Facing technological change, the signatory States began several years ago to examine the obstacles and challenges that the new protocol will have to address. (Original version in French by Thomas Mangin)