UNITED NATIONS CYBERCRIME TREATY
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Context
- India has made suggestions at the United Nations Cybercrime Treaty that the transfer of “Personal Data” under the convention will be done in accordance with the country’s domestic laws and not other applicable international laws.
United Nations Cybercrime Treaty
- The United Nations is currently negotiating a major Cybercrime Convention.
- It has the potential to substantively reshape international criminal law.
- It can bolster cross-border police surveillance powers to access and share users’ data, implicating the human rights of billions of people worldwide.
- To coordinate the new Convention, the UN General Assembly passed Resolution 74/247 in December 2019 and established the Ad Hoc intergovernmental committee to “Elaborate a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purpose.”
- The proposed Convention will likely deal with several topics such as substantive cybercrime provisions, international cooperation, access to potential digital evidence by law enforcement authorities, including across borders, as well as human rights and procedural safeguards.
- The United Nations Office on Drugs and Crime (UNODC), through the Organized Crime and Illicit Trafficking Branch, Division for Treaty Affairs, serves as the Secretariat for the Ad Hoc Committee.
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