crime convention PRESIDENCY: Germany
SOURCE: Council press release [subject extract]
REFERENCE: No 8654/99 (Presse 168)
MEETING OF: Justice and Home Affairs Council
STATUS: “A” Point
Joint Position on negotiations in the Council of Europe on a Draft Convention on CYBER Crime
The Council agreed to a Joint Position to be followed by the EU Member States in the negotiations underway within the Council of Europe on a Draft Convention on CYBER Crime.
Recognising the importance of developing effective means of preventing and combating the misuse of new technologies which are increasingly being used, Member States shall support the drawing-up of this Convention and advocate provisions which will facilitate the effective investigation and prosecution of criminal offences related to computer systems and data.
According to the Joint Position, the provisions shall cover, in particular, crimes against confidentiality, integrity and
availability of computer data, computer-related offences such as computer fraud and forgery, and content-related offences such as those in the field of child pornography. The Member States will ensure that the appropriate jurisdiction for these crimes is established.
Furthermore Member States are asked to support the establishment of provisions which will facilitate international co-operation including those concerning mutual legal assistance to the widest extent possible; commit Parties to the Convention to preserve stored data upon request of another Party and, finally, request Parties to the Convention to provide for an expedited search of data stored in their own territory regarding investigation of serious criminal offences and, under certain circumstances, for the possibility of a transborder computer search.
This is the first formal Joint Position adopted by the Council after the entry into force of the Treaty of Amsterdam. It will
enable the Union to speak with one voice in the ongoing negotiations within the Council of Europe.”