Cybercrime Convention Committee (T-CY) recommendation on criminal justice access to electronic evidence in the cloud

Principles and Recommendations

At the request of the Cybercrime Convention Committee (T-CY), the document examines the solutions for access to evidence in the cloud for criminal justice purposes. The Cloud Evidence Group came up with five recommendations where amongst other things it invites the parties ‘to take practical measures – pending longer-term solutions – to facilitate more coherent cooperation between service providers and criminal justice authorities, in particular with respect to the disclosure of subscriber information upon a lawful request in a specific criminal investigation but also with respect to emergency situations’ and ‘to consider the preparation of a draft Protocol to the Budapest Convention’ on several matters such as ‘provisions allowing for direct cooperation with service providers in other jurisdictions with regard to requests for subscriber information, preservation requests, and emergency requests’.