In brief

On 16 February 2023, Argentina signed the Second Additional Protocol (“Second Protocol“) to the Convention on Cybercrime, known as the Budapest Convention, becoming its 35th signatory state.

The Second Protocol responds to the challenge of obtaining electronic evidence that may be stored in foreign jurisdictions when carrying out criminal investigations. It also aims to provide tools to enhance cooperation and disclosure of electronic evidence.

In focus

The Budapest Convention is considered the most comprehensive and coherent international agreement on cybercrime and electronic evidence. It provides for the criminalization of certain conduct — ranging from illegal access, data and systems interference to computer-related fraud and child pornography — and contemplates procedural powers to investigate cybercrime and secure electronic evidence in relation to crimes.

The Second Protocol was opened for signature on 12 May 2022. It offers innovative tools, such as the following:

1. Direct requests to registrars and authorities in other jurisdictions to obtain domain name registration information
2. Direct cooperation with service providers in other jurisdictions to obtain subscriber information
3. More effective means to obtain subscriber information and traffic data through government-to-government collaboration
4. Expeditious assistance in emergency situations
5. Joint investigation teams and joint investigations
6. Video conferencing, with a system of human rights and rule of law safeguards, including for the protection of personal data

The Second Protocol compels parties to adopt measures to empower their authorities to issue orders to be submitted either directly to a service provider in the territory of another party, or to authorities from the requested party.

Moreover, legislative and other measures are expected to be adopted by parties to give effect to said orders. After the signature of the Second Protocol, Congress now has the opportunity, through parliamentary debate, to either approve and/or define reservation clauses.

Click here to access the Spanish version.