Council of Europe

The Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence seeks to establish new international standards governing aspects of policing and criminal investigative methods on a global scale. It adds a new Protocol to the Council of Europe’s Budapest Cybercrime Convention, the 2001 treaty that has been ratified by more than 60 States. The Protocol was adopted by the Council of Europe in November 2021 and opened for signature in May 2022.

The final text raises concerns that deserve proper consideration within national debates on whether States will accede to the Protocol. EFF and other civil society organizations have strongly criticized the Protocol’s failure to establish robust mandatory human rights safeguards. National debates on accepting the Protocol should involve thorough human rights impact assessments and constitutional analysis vis-à-vis the obligations the Protocol imposes on States that become Parties.

This section provides resources that can assist civil society and other stakeholders promoting or engaging in domestic debates on the accession and/or implementation of the Protocol. The documents focus on Latin American context and legal frameworks, but can also be a useful resource for stakeholders in other regions (with adjustments that might be necessary due to specificities of legal context).

Guide: Assessing New Protocol to the Cybercrime Convention in Latin America

This guide provides a critical overview of the Second Additional Protocol to the Cybercrime Convention, mainly focused on Articles 7, 13, and 14. It presents background information about the Protocol, delves into concerns regarding the text approved by the Council of Europe, and makes recommendations for properly assessing accession to the Protocol and mitigating shortcomings in case of adoption.

One Pager for Civil Society Advocates

This document is a quick overview of the guide’s main points and reference for digital rights advocates promoting or engaging in national debates about the Second Additional Protocol to the Cybercrime Convention.