Budapest Convention on Cybercrime
The Budapest Convention is the first treaty aimed at combating cybercrime and offenses on the internet through the harmonization of laws among different nations, improvement of investigation techniques, and enhancement of cooperation between nations.
The Convention came into force on July 1, 2004, focusing on crimes against intellectual property, offenses against confidentiality, counterfeiting and computer-related fraud, and crimes against the integrity and availability of data and computer systems.
To date, the Convention has been ratified by 61 countries. In Latin America, the countries include Argentina, Chile, Colombia, Costa Rica, Paraguay, Panama, and the Dominican Republic.
The Budapest Convention comprises 48 articles divided into 4 chapters. The first chapter defines terms such as “computer system,” “computer data,” “service provider,” and “traffic data.”
The second chapter deals with the measures to be implemented at the national level and lists 10 criminal offenses, including:
- Unauthorized access
- Illegal interception
- Acts against the integrity of data
- Acts against the integrity of systems
- Misuse of devices and technical tools
- Computer forgery
- Computer fraud
- Child pornography
- Offenses against intellectual property
- Attempt and complicity
Additionally, the second chapter also mentions aspects related to Due Process, such as:
- Common provisions
- Immediate retention of stored computer data
- Communication mandate
- Seizure and search of stored computer data
- Real-time collection of computer data
The third chapter addresses topics related to international cooperation.
The final chapter deals with entry into force, the procedure for the accession of States, and the reservations that can be made upon incorporation, among other aspects.
The main objective of the document is to implement a common criminal policy aimed at protecting society against cybercrime, especially through the adoption of appropriate legislation and the promotion of international cooperation.