Summary.
Article 1 proposes approving in full the Ibero-American Convention on Cooperation in the Investigation, Securing and Obtaining of Evidence in Cybercrime Matters, concluded in Madrid on May 28, 2014. The instrument concerns the member States of the Conference of Ministers of Justice of the Ibero-American Countries (Conferencia de Ministros de Justicia de las Países Iberoamericanos, COMJIB) and cites Article 3(c) of its constituent treaty of October 7, 1992. Its background traces cooperation work in ciudad de Buenos Aires, Montevideo, Madrid, Bogotá, Lima, Rio de Janeiro, Viña del Mar and Panama. Its purpose is to strengthen mutual cooperation in securing and obtaining evidence for cybercrime investigations and prosecutions.
The convention defines cybercrime and measures concerning computer systems, storage media and digital data. The Parties undertake to comply with cooperation requests, although the requested Party may refuse on specified grounds, including serious harm to a pending case, a final disposition of the same facts, conflict with domestic law or an effect on essential interests. A refusal must give reasons; the explanation may be confidential or limited if fuller disclosure would seriously jeopardize an investigation or prosecution. Requests and their execution must respect fundamental rights under international human rights treaties and conventions.
Competent authorities may seek measures in another Party's territory, and the Parties undertake to promote the initiatives needed to regulate those measures domestically. Evidence-securing measures include seizure and custody of systems or storage media, their sealing and prohibition of use, immediate preservation of data held by third parties, and copying data. Investigative measures include interception of communications, collection of traffic data, access to information systems and storage devices, and production of computer data and files.
Each Party designates a Central Authority to verify and route requests and maintains at least one contact point available every day of the year, 24 hours a day. Requests must identify the authorities and facts, specify and justify the requested measure, and include the other required particulars. They are sent through a secure means that records complete transmission and receipt, in the requested Party's language. In urgent cases, an applicant may approach a contact point directly with an abbreviated request that must be completed within the non-extendable period of 48 hours. Prior consultations and information exchange through channels such as IberRed are also permitted.
The requested Central Authority may reject a request, return it for correction, admit it, or admit it subject to confidentiality and restrictions on use of the results. The convention allows useful information to be transmitted without a prior request, within domestic-law limits, and provides for consideration of an extension to other offenses. It governs notification and replacement of authorities and contact points through the Secretariat of the Conference of Ibero-American Ministers of Justice (Secretaría de la Conferencia de Ministros de Justicia Iberoamericanos), dispute settlement, accession, ratification, entry into force, reservations, deposit and denunciation. The Secretariat of the Conference of Ministers of Justice of the Ibero-American Countries (Secretaría de la Conferencia de Ministros de Justicia de los Países Iberoamericanos) serves as depositary, while the COMJIB Secretariat (Secretaría de la COMJIB) publicizes the designated authorities and contact points. Article 2 provides that the proposed law would take effect upon promulgation. Its provisions could concern criminal investigation and justice authorities, digital and communications service providers, and persons or entities holding data.
What it proposes.
- Approval of an Ibero-American cybercrime cooperation convention.
- Cross-border securing and obtaining of digital evidence.
- Processing of requests through central authorities and contact points.
Who it would affect.
- States that ratify or accede to the convention.
- Central authorities, contact points and competent authorities of the Parties.
- Individuals and public or private entities holding requested data.
Key points.
- Proposes approving in full the convention on cooperation in the investigation, securing and obtaining of evidence in cybercrime matters.Art. 1
- The convention permits requests for measures to preserve digital evidence and investigative steps to obtain communications, data and computer files.Art. 1
- A requested Party must give reasons for refusing a request, and cooperation activities must respect fundamental rights.Art. 1
- Each Party designates a Central Authority and maintains at least one contact point available every day of the year, 24 hours a day.Art. 1
- Urgent requests may be submitted in abbreviated form to a contact point and completed within the non-extendable period of 48 hours.Art. 1
- The convention governs review of requests, confidentiality, use of results, unsolicited transmission of information and dispute settlement.Art. 1
- The convention sets rules on ratification, accession, entry into force, reservations, deposit and denunciation; the proposed law would take effect upon promulgation.Arts. 1-2