Council of Europe draft Convention on cybercrime: new draft

The new draft, no 27, of the Council of Europe Convention on cybercrime (dated 25 May) contains significant changes from the May draft (no 25). For example in Article 16.2, which covers "Expedited preservation of stored computer data", after the words: "for a period of time as long as necessary " the words "up to a maximum of 90 days" is inserted. Inserted too is a new sentence "A Party may provide for such an order to be subsequently renewed", that is, for a further 90 days.

The draft Convention has been strongly criticised by data protection officials (see: Report) and by the Global Internet Liberty Campaign: GILC

The text of the draft Convention has been heavily influenced by EU governments (who wants to sign up to up as quick as possible), the USA (the new draft has new provisions for federal states), the EU-FBI "IUR" (International Users Requirements, adopted in the EU on 17 January 1995 and now about to be updated through a revised "ENFOPOL 98" report), and by G8 (Article 34 provides for accession to the 24/7 network - 24 hours, 7 days - set up by G8 which the EU is about to join).

Draft no 27 of the Council of Europe Convention on cybercrime with explanatory memorandum: CoE (Word 97)
Full background documentation is on the Privacy International website:

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