Argentina signs the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence
By Mariano Peruzzotti and Josefina Piñeiro.
The Budapest Convention on Cybercrime (hereinafter “Convention”) is a Treaty created in 2001 and promoted by the Council of Europe. The aim of the instrument is to promote international cooperation and create a uniform legal framework between nations in order to deal with computer crime and criminal activity on the Internet.
On 16 February 2023, Argentina signed the Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence (hereinafter “Protocol”). The treaty entered into force in Argentina in 2018.
The Protocol serves as a guide for any country wishing to develop comprehensive national legislation on cybercrime and as a framework for international cooperation among States parties to the Convention.
The Protocol maintains the conditions and safeguards of fundamental rights already included in the Convention.
The measures governing the newly signed Protocol are as follows:
- Information on Internet domain name registrations and subscriber information may be requested directly from service providers in other jurisdictions. Service providers are defined by the Protocol as any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and any other entity that processes or stores computer data on behalf of such communication service or users of such service.
- Cooperation between the parties is encouraged for the purpose of investigations and/or proceedings concerning criminal offences relating to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.
- A central authority or authorities may be designated to send and answer requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution. In addition, central authorities shall communicate directly with each other.
- Each Party may, in urgent circumstances, make requests for mutual assistance or communications related thereto by expedited means of communication, including fax or email.
- Videoconferencing and joint investigation teams adapted to the particularities of cybercrime and electronic evidence will be used.
It is worth mentioning that the approval of the Protocol by the National Congress and the submission of the respective ratification documents remain in accordance with the process of the treaty itself to achieve full accession.
For further information please contact: mperuzzotti@ojambf.com and/or jpineiro@ojambf.com.
