ICT4Peace was invited to participate in an Expert Group Meeting at the UN in Vienna on Lawful Access to Digital Data Across Borders on 12 and 13 February 2018.
The experts discussed inter alia: “What challenges arise when a police investigator requests preservation of electronic data in a foreign jurisdiction, under the control of a private corporation? How can authorities handle the data to guarantee its integrity and authenticity? Can other legal barriers stop a prosecutor from introducing this data as evidence? These problems require a thorough understanding of criminal, privacy and human rights law; data protection policies; and mutual legal assistance channels.
Aiming to build the capacity of investigators and prosecutors worldwide, UNODC, the Counter-Terrorism Committee Executive Directorate (CTED) and the International Association of Prosecutors (IAP) hosted a two-day expert group meeting in Vienna last week, entitled “Lawful Access to Digital Data Across Borders.
In his opening remarks, John Brandolino, Director of UNODC’s Division for Treaty Affairs, described the event as a “rare opportunity for investigators, prosecutors and technology industry leaders from around the globe to sit together and identify the most effective practices to solve the complex problems of electronic data.” “At the meeting, the participants actively contributed their views on the draft Practical Guide on Requesting and Gathering Electronic Evidence. Almost all transnational cases involving terrorist activities or organized crime require guidance concerning lawfully targeted online surveillance, securing of electronic evidence, and requests to remove information from online sources. The guide, in this regard, will expand existing UNODC resources to include practical and country-specific guidance. Also participating in the event were experts in digital investigations, transnational crime and criminal justice, as well as legal officers from Facebook, Google and Microsoft.”
These endeavours are complementary to the work carried out by the UNCTED-ICT4Peace Initiative Tech Against Terrorism.