CoE Report on Search and Seizure of Stored Computer Data in 74 Countries
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."