Privacy International and Electronic Frontier Foundation Comments on the Draft Text of the UN Cybercrime Convention

In this briefing, Privacy International (PI) outlines its analysis of some key provisions on the Revised Draft Text of the UN Cybercrime Convention, with the aim to provide delegations of Member States and other stakeholders with our recommendations to strengthen the draft and to bring it in line with human rights law. This briefing builds upon the submissions made by PI at the previous sessions of the AHC and reflects upon some of the amendments proposed by Member States. While not aiming to be comprehensive, it covers in particular the following Articles: 3, 5, 23, 24, 28, 29, 30, 35, 36, 47 and 54.

In this briefing Privacy International outlines its analysis of some key provisions on the draft text of the UN Cybercrime Convention, with the aim to provide delegations of Member States and other stakeholders with our recommendations to strengthen the draft and bring it into line with human rights law. This briefing builds upon the submissions made by PI at the previous sessions of the Ad Hoc Committee and reflects upon some of the amendments proposed by Member States. While not aiming to be comprehensive, it covers in particular the following Articles: 2, 3, 5, 23, 24, 28, 29, 30, 35, 36, 47 and 54.

Privacy International (PI) and the Electronic Frontier Foundation (EFF) provide observations and recommendations on the proposed consolidated negotiating document for the fifth session of the Ad Hoc Committee, which is due to consider the text in April 2023. Our submission covers provisions in the chapters related to the preamble and international cooperation of the proposed UN Cybercrime treaty (full title: comprehensive international convention on countering the use of information and communications technologies for criminal purposes.”) We also provide comments on Article 42 in the criminal procedural measures and law enforcement chapter discussed in the fourth session, as it is of significance to the international cooperation chapter.

During the fourth session of the UN Ad Hoc Committee which is negotiating a potential United Nations Cybercrime Treaty, PI made one intervention. The fourth session took place in Vienna from 9 to 20 January 2023.