CoE Report on Search and Seizure of Stored Computer Data in 74 Countries
3 February 2025 // Preprint Issue 4/2024
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 18 December 2024, the Council of Europe's Cybercrime Convention Committee (T-CY) published a report that assessed the implementation of Art. 19 of the Budapest Cybercrime Convention by 74 countries that are Parties to the Convention. Art. 19 of the Budapest Cybercrime Convention sets out several obligations for each Party to adopt legislative and other measures with regard to the search and seizure of stored computer data - a vital tool in the global fight against cybercrime and in the collection of electronic evidence relating to any type of crime.

The report evaluated whether countries use general or specific powers, or a combination of both, to enforce Art. 19. It not only offers a comprehensive overview of current practices but also includes recommendations for strengthening the effectiveness of the various obligations in Art. 19, ensuring legal certainty, and enhancing safeguards as outlined in Art. 15 of the Convention.

The T-CY considers the release of this report "a significant milestone in improving the legal frameworks governing cybercrime investigations collection of electronic evidence worldwide. By providing clear guidelines and recommendations, it helps reinforce the global commitment to effectively combating cybercrime while respecting human rights and ensuring legal safeguards."

News Guide

Council of Europe Cybercrime

Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher