CDT welcomes the opportunity to contribute the observations below in support of the ongoing preparation of a 2nd Additional Protocol to the Budapest Convention. The advance of technology means that law enforcement entities investigating a crime in one county are increasingly seeking data held by a communications service provider in another country. CDT continues to urge that human rights considerations guide cross-border data demands, as discussed in our responses below.
3.1 Context: Rationale for the Protocol – Recap and recent developments
3.2 Provisions for more efficient mutual legal assistance
3.3 Direct cooperation with providers across jurisdictions – mandatory production orders–