EDPS cheerful about signing the United Nations Convention against cybercrime by the EU

The European Data Protection Supervisor (EDPS), Europe’s independent privacy and data protection supervisory authority, welcomes the signing of the United Nations Convention against Cybercrime by the European Union.

The Convention establishes common rules for international cooperation on preventing and combating cybercrime, as well as on gathering digital evidence for criminal proceedings.

In addition, the Convention prohibits signatories from transferring personal information if this could violate the legal protection of such data. The EDPS emphasizes that, when implementing and applying the Convention, EU Member States must carefully assess whether the requirements are met before transferring data to third countries.

Furthermore, the relevant authorities of Member States must ensure that the transfer of personal information to third countries always complies with human rights and the fundamental rights of individuals who are not affected by the data transfer. If necessary, the EDPS calls on EU Member States to make use of the option to refuse cooperation.

Lastly, the EDPS recommends that the effects of the agreement be closely monitored over time. Experts in the field of data protection should be involved in the review process. Any possible future attempts to introduce measures incompatible with EU law or values should be firmly opposed, the supervisory authority concludes.

“Investigating and prosecuting cybercrime is a legitimate aim, for which international cooperation, including the exchange of information, is indispensable. The EU needs sustainable agreements for sharing personal data with non-EU countries for law enforcement purposes,” Wojciech Wiewiórowski, Chairman of the EDPS, says in a statement.

“However, given the vast number of countries within the United Nations and their highly heterogeneous legal systems as regards the respect of fundamental rights and freedoms, it is of paramount importance to ensure that cooperation with third countries under the Convention does not lead to weakening of the rights to data protection and privacy guaranteed under EU law,” he continues.