The Cybercrime Convention Committee (T-CY), at its 12th plenary in December 2014 established a working party to explore solutions for access for criminal justice purposes to evidence in the cloud including through mutual legal assistance (“Cloud Evidence Group”).
This decision was motivated by the recognition that in the light of the proliferation of cybercrime and other offences involving electronic evidence, and in the context of technological change and uncertainty regarding jurisdiction, additional solutions are required to permit criminal justice authorities to obtain specified electronic evidence in specific criminal investigations.
The Cloud Evidence Group is to submit a report to the T-CY with options and recommendations for further action by December 2016. It is to base its work on:
- The recommendations of the T-CY assessment report on the mutual legal assistance provisions of the Budapest Convention on Cybercrime;
- The work of the Ad-hoc Sub-group on transborder access to data and jurisdiction;
- A detailed description of the current situation and problems as well as emerging challenges regarding criminal justice access to data in the cloud and foreign jurisdictions.
The purpose of the ‘Criminal Justice Access to Data in the Could: Challenges’ discussion paper is to facilitate an exchange of views on current and emerging challenges faced by criminal justice authorities and to seek the cooperation of industry and other stakeholders in identifying solutions. Such solutions may range from practical measures and documentation of good practices, to guidelines or a binding additional protocol to the Budapest Convention on Cybercrime.