e-Evidence and Access to Data in the Cloud Results of the Cloud Evidence Group of the Cybercrime Convention Committee

Abstract

Evidence in relation to any crime is increasingly (only) available in electronic form on computer systems or storage devices and needs to be secured for criminal proceedings. Criminal investigations not relying on electronic evidence are becoming the exception. Access to electronic evidence—in relation to cybercrime and any other type of crime—is thus essential for criminal justice, as well as for ensuring the rule of law. A major problem is that electronic evidence is often not located in the territory of the investigating criminal justice authority but increasingly in foreign, multiple or unknown jurisdictions, that is, somewhere “in the cloud”. To address this issue, the Cybercrime Convention Committee of the Council of Europe—representing the Parties to the Budapest Convention on Cybercrime—in December 2014 established a Cloud Evidence Working Group (CEG) which has identified options for common international solutions.