Ad Hoc Consultation: Tuesday 6th February, Morning session

6 Feb 2024 16:00h - 19:00h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

Delegates Debate Key Terms and Data Transfer Provisions at Convention Framework Committee Session

During a session of an ad hoc committee, delegates engaged in discussions to resolve outstanding articles related to procedural measures, law enforcement cooperation, and international cooperation within a convention framework. The Chair opened the session by proposing the provisional adoption (ad referendum) of several articles, subject to later confirmation or ratification. These articles were part of Chapters 4 and 5, which focus on procedural measures, law enforcement cooperation, and international cooperation.

A substantial part of the session was devoted to debating the definitions of critical terms such as “Information and Communications Technology System,” “traffic data,” “service provider,” “subscriber information,” and “personal data.” Delegates considered various amendments and proposals, reflecting the challenges of achieving consensus on technical terms essential for the convention’s clarity and application.

The European Union presented a facilitator’s report on Article 36, which concerns the transfer of personal data obtained in accordance with the convention. Amendments to paragraphs 1a and 1b were largely uncontroversial and accepted by the delegations. These changes were largely in response to requests made by CARICOM and India, and while India still had reservations, they accepted the text. Paragraph 3, however, remained contentious, with Egypt suggesting changing “third country or international organisation” to “third party.” The Chair attempted to find a compromise by proposing the inclusion of “any other party” in the text, but this was met with objections from several countries, including the United States and Australia, who were concerned about the potential implications for internal data transfer regulations and defendants’ rights.

Throughout the session, some delegates showed flexibility to facilitate progress, while others, such as Egypt and the Russian Federation, raised specific concerns that required attention to reach a consensus. For example, Egypt expressed reservations about paragraph 5 and requested its deletion, while the Russian Federation suggested an amendment to Paragraph 18 of Article 37 regarding the communication of reasons for refusal of extradition requests.

The Chair encouraged delegates to participate in informal discussions on Articles 29 and 30, which were still under consideration. Additionally, the Chair mentioned that terminology issues were still being worked on and would be discussed by Eric of Brazil in a subsequent session.

The session concluded without a final agreement on all points, indicating that further discussions in informal settings were necessary to resolve outstanding issues. The Chair announced upcoming informal meetings to be chaired by Vice-Chairs from Nigeria and Australia, signalling that the negotiation process was ongoing.

The discussions highlighted the diplomatic efforts to balance the need for precise legal terminology with the practical requirements of law enforcement and international cooperation. The session also underscored the dynamic nature of international negotiations, where delegates must navigate between their national interests and the collective goal of establishing a comprehensive and effective convention.

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