Also: Convention on Cybercrime, Council of Europe Convention on Cybercrime
Definition
The Budapest Convention on Cybercrime (2001) is the first international treaty on crimes committed through computers and the internet. Drawn up by the Council of Europe, it harmonises national laws, sets investigation powers and supports international cooperation. India is not a party, mainly because it was not involved in drafting it and has concerns about data sovereignty.
As internet use grew in the 1990s, crimes such as hacking, fraud and child sexual abuse material increasingly crossed borders. The Council of Europe drafted the Convention to create common definitions of offences and procedures so that countries could cooperate quickly. It covers offences against computer systems (illegal access, interception, data and system interference), computer-related forgery and fraud, content offences (child sexual abuse material) and copyright infringement.
India's position has been cautious. The Ministry of Home Affairs has noted concerns that the treaty was drafted without India's participation and that Article 32(b), which allows cross-border access to stored data with the consent of the person who has lawful authority to disclose it, could affect national sovereignty. India has instead supported negotiations at the United Nations for a global treaty.
Key features and provisions
Substantive criminal law: common offences that parties must criminalise.
Procedural law: powers to preserve, search and seize computer data and to intercept traffic data.
International cooperation: mutual legal assistance, extradition and a 24/7 network of contact points.
Safeguards: respect for human rights and proportionality.
Capacity building: through the Council of Europe's programmes.
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