Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms

Angela Aguinaldo; Paul De Hert

doi:10.1017/9781009049771.010

Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms

Angela Aguinaldo
, Paul De Hert

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

Abstract

Chapter 8 discusses the recent development within the Council of Europe – the Second Additional Protocol to the Cybercrime Convention – which provides the legal framework that legitimises unilateral cross-border access to digital evidence in criminal matters. While the Second Additional Protocol is innovative in terms of its law enforcement mechanisms vis-à-vis digital evidence, it is incomplete regarding its protective safeguards against the risks of abuse, as well as the extent to which it addresses rudimentary issues such as jurisdiction, data protection provisions, etc. This chapter pushes the idea that these non-negotiables should be addressed and the loose ends tied up.

Original language	English
Title of host publication	The Cambridge Handbook of Digital Evidence in Criminal Investigations
Editors	Vanessa Franssen
Publisher	Cambridge University Press
Pages	200-218
ISBN (Print)	9781009049771, 9781316511275
DOIs	https://doi.org/10.1017/9781009049771.010
Publication status	Published - Jan 2025

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Aguinaldo, A., & Hert, P. D. (2025). Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms. In V. Franssen (Ed.), The Cambridge Handbook of Digital Evidence in Criminal Investigations (pp. 200-218). Cambridge University Press. https://doi.org/10.1017/9781009049771.010

Aguinaldo, Angela ; Hert, Paul De. / Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms. The Cambridge Handbook of Digital Evidence in Criminal Investigations. editor / Vanessa Franssen. Cambridge University Press, 2025. pp. 200-218

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title = "Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms",

abstract = "Chapter 8 discusses the recent development within the Council of Europe – the Second Additional Protocol to the Cybercrime Convention – which provides the legal framework that legitimises unilateral cross-border access to digital evidence in criminal matters. While the Second Additional Protocol is innovative in terms of its law enforcement mechanisms vis-{\`a}-vis digital evidence, it is incomplete regarding its protective safeguards against the risks of abuse, as well as the extent to which it addresses rudimentary issues such as jurisdiction, data protection provisions, etc. This chapter pushes the idea that these non-negotiables should be addressed and the loose ends tied up.",

author = "Angela Aguinaldo and Hert, \{Paul De\}",

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Aguinaldo, A & Hert, PD 2025, Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms. in V Franssen (ed.), The Cambridge Handbook of Digital Evidence in Criminal Investigations. Cambridge University Press, pp. 200-218. https://doi.org/10.1017/9781009049771.010

Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms. / Aguinaldo, Angela; Hert, Paul De.
The Cambridge Handbook of Digital Evidence in Criminal Investigations. ed. / Vanessa Franssen. Cambridge University Press, 2025. p. 200-218.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

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AB - Chapter 8 discusses the recent development within the Council of Europe – the Second Additional Protocol to the Cybercrime Convention – which provides the legal framework that legitimises unilateral cross-border access to digital evidence in criminal matters. While the Second Additional Protocol is innovative in terms of its law enforcement mechanisms vis-à-vis digital evidence, it is incomplete regarding its protective safeguards against the risks of abuse, as well as the extent to which it addresses rudimentary issues such as jurisdiction, data protection provisions, etc. This chapter pushes the idea that these non-negotiables should be addressed and the loose ends tied up.

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Aguinaldo A, Hert PD. Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms. In Franssen V, editor, The Cambridge Handbook of Digital Evidence in Criminal Investigations. Cambridge University Press. 2025. p. 200-218 doi: 10.1017/9781009049771.010

Moving in the Right Direction for Transborder Access to Digital Evidence in Criminal Matters? The Council of Europe and the Second Additional Protocol Introducing Direct Cooperation Mechanisms

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