The new Protocol on enhanced co-operation and disclosure of electronic evidence was opened for signature on 12 May 2022 within the framework of an international conference in Strasbourg, France. Yesterday, 13 June 2022, Mr Sergio Vinocour Fornieri, Chargé d’affaires a.i. of Costa Rica in France, also signed the Protocol in the presence of Björn Berge, Deputy Secretary General of the Council of Europe, bringing the number of signatories up to 24. He underlined that the massive cyberattacks against Costa Rican institutions last month demonstrated the urgent need for States to implement and ratify this Protocol so that its tools become available as soon as possible.
Official text and translations
Treaty Office: English Second Additional Protocol
Treaty Office: French Second Additional Protocol
Treaty Office: Official and non-official languages
While cybercrime is proliferating and the complexity of obtaining electronic evidence that may be stored in foreign, multiple, shifting or unknown jurisdictions is increasing, the powers of law enforcement are limited by territorial boundaries. As a result, only a very small share of cybercrime that is reported to criminal justice authorities is leading to prosecutions or court decisions.
The Protocol responds to this challenge and provides tools for enhanced co-operation and disclosure of electronic evidence - such as direct cooperation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations - that are subject to a system of human rights and rule of law, including data protection safeguards.
Tools of the Second Additional Protocol
- Direct requests to registrars in other jurisdictions to obtain domain name registration information
- Direct co-operation with service providers in other jurisdictions to obtain subscriber information
- More effective means to obtain subscriber information and traffic data through government-to-government co-operation
- Expeditious co-operation in emergency situations
- Joint investigation teams and joint investigations
- Video conferencing
- A strong system of human rights and rule of law safeguards, including for the protection of personal data