Civil society oversight of law enforcement action in cyberspace – Pre 07 2023

19 June 2023 | 14:00 - 15:30 EEST (tbc) | Room 1
Consolidated programme 2023 overview / Pre 7

Session description

As societies rely increasingly on the use of information technology, the rise of cybercrime and the subsequent need to handle electronic evidence can pose challenges for criminal justice authorities and the rule of law. While it is necessary to effectively combat criminal offences by facilitating their detection, investigation and prosecution, it is equally important to avoid illegal interference with human rights and freedoms - most importantly, the right to private and family life, home and correspondence.

Article 15 of the Council of Europe Convention on Cybercrime (Budapest Convention) seeks to ensure the protection of fundamental rights and freedoms by mandating that each party to the Convention establishes in its domestic law the application of certain conditions and safeguards, in relation to the procedural powers used for cybercrime investigations. Therefore, one of the major issues that underpins the implementation of Article 15 in States Parties to the Convention, as well as the overall efficiency of cybercrime investigations is the level of trust, accountability and transparency that state action against cybercrime enjoys with the general public and private sector.

The joint European Union and Council of Europe CyberEast project, together with its partner CyberSecurity EAST project, have conducted an analysis of these matters through in-depth public opinion surveys, which were completed at the beginning of 2022, in the Eastern Partnership states (The Cyber Barometer Studies). The Studies identified a number of issues and topics that require further discussions with the participation of the civil society to improve trust, accountability and transparency of the action against cybercrime. The project also provided recommendations regarding the implementation of effective oversight mechanisms.

This session on civil society oversight on criminal justice action in cyberspace aims to facilitate meaningful exchanges of ideas and best practices of applying Budapest Convention Article 15 safeguards supported by Eastern Partnership Cyber Barometer findings, and will look into trust and co-operation between the general public and criminal justice on cybercrime, including civil society engagement and oversight over law enforcement action on cybercrime.

Format

Pre-events should give the opportunity to create synergies with 3 rd parties i.e. Dynamic Coalitions, Partners. No session principles apply. They are held on day zero in parallel to setting up the venue for EuroDIG. We provide limited technical support.

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Further reading

CyberEast Project Page

Council of Europe Convention on Cybercrime (Budapest Convention)

Second Additional Protocol to the Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence

CyberEast project studies and reports

Main page of EuroDIG

People

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