Cross Border Police Surveillance Treaty Must Have Clear, Enforceable Privacy Safeguards, Not a Patchwork of Weak Provisions

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This is the fourth post in a series about recommendations EFF, European Digital Rights, the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, and other civil society organizations have submitted to the Parliamentary Assembly of the Council of Europe (PACE), which is currently reviewing the Second Additional Protocol to the Budapest Convention on Cybercrime, to amend the text before final approval in the fall. Read the full series here, here, here,  here, and here.

Two very different assessments of a proposed treaty on cross border police access to user data were presented to the Council of Europe (CoE) Parliamentary Assembly at a hearing earlier this month. EFF expressed grave concerns about a lack of detailed human rights safeguards in the text, while officials with CoE’s Cybercrime Convention Committee (T-CY), which drafted the treaty, not surprisingly voiced confidence that the instrument provides adequate protection for individual rights.

The treaty, created to facilitate cross border law enforcement investigations of cybercrime and procedures for efficiently accessing electronic evidence, including

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