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Budapest Convention

The Budapest Convention is the first international treaty focused on increasing cooperation against cybercrime between countries. It aims to improve investigative techniques, increase cooperation among nations, and harmonize national laws against cybercrime. Over 60 countries have endorsed the convention, including the United States, Canada, and several European and Asian countries. However, India has chosen not to participate due to concerns that sharing data with foreign law enforcement could violate national sovereignty. There is ongoing debate around revising the current mutual legal assistance system for handling international cybercrime cases.

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120 views1 page

Budapest Convention

The Budapest Convention is the first international treaty focused on increasing cooperation against cybercrime between countries. It aims to improve investigative techniques, increase cooperation among nations, and harmonize national laws against cybercrime. Over 60 countries have endorsed the convention, including the United States, Canada, and several European and Asian countries. However, India has chosen not to participate due to concerns that sharing data with foreign law enforcement could violate national sovereignty. There is ongoing debate around revising the current mutual legal assistance system for handling international cybercrime cases.

Uploaded by

Seshendra Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Budapest Convention

Primarily known as the Council of Europe Convention on Cybercrime, the Budapest


Convention or the convention on cybercrime is the world’s first international treaty designed to
focus on increasing cybercrime. It came into the picture in 2001 and entered into force on July 1,
2004.

The treaty had three prime objectives, including the improvement in investigative techniques,
increase in the cooperation among nations, and lastly, harmonising national laws. Apart from
these, the participating countries needed to embrace legislation outlawing specified cyber-
related crimes along with several definite evidence-gathering rules.

The Council of Europe drew it in Strasbourg, France, and 64 countries that endorsed
the Budapest Convention on cybercrime. These countries include Canada, Japan, the
Philippines, South Africa, the United States, and others.

Some of the significant cyber offences that the Budapest Convention attended include illegal
access, data interference, illegal interception, misuse of devices, system interference, cyber
fraud, cyber forgery, offences in child pornography, and offences concerning neighbouring rights
and copyright.

Current Issues in the Budapest Convention


The Budapest Convention acts as a guideline for countries on their path to developing
comprehensive national legislation against cybercrime. However, as per the latest updates,
mainly all stakeholders said yes to the fact that for the upcoming digital age, the current form of
cross-border data sharing for law enforcement through the Mutual Legal Assistance Treaty
(MLAT) is insufficient.

However, there is an ongoing debate regarding whether to develop an entirely new system for
cybercrimes or revamp the Mutual Legal Assistance Treaty (MLAT). Since its formation in 2001,
the convention wanted India to be a part of it; however, India decided not to participate.

Budapest Convention Context with India


Since the beginning, India has successfully held its status high as a non-member of the  Budapest
Convention led by Europe. Although, a controversy where India voted to set up a separate
convention favouring a Russian-led UN resolution is still prevalent. As per the reports released by
the IB or the Intelligence Bureau, sharing data with foreign law enforcement agencies violates
India’s national sovereignty.

Another argument that India strongly presented previously is that we are not ready to sign the
same since the Budapest convention treaty was drafted without its participation.

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