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Title Rethinking Privacy in the Council of Europe's Convention on Cybercrime      
Author Luca Tosoni
Date 2019-01-04 Hit 19

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Title: Rethinking Privacy in the Council of Europe's Convention on Cybercrime

 

Authors: Luca Tosoni

 

Date: DEC 2018

 

Abstract: This article examines the extent to which data privacy considerations are embedded and balanced in the substantive law, procedural law, and international cooperation chapters of the Council of Europe's Convention on Cybercrime. In light of the drafting of an additional protocol to the Convention that is supposed to address, inter alia, data privacy aspects of cybercrime investigations, the article provides a critical analysis of the provisions of the Convention that have been criticised for failing to provide adequate privacy protection. The basic argument advanced in the article is that concerns over the Convention's potential for lowering privacy protection are largely misplaced. However, the article highlights the need for further prescriptory guidance on data privacy for law enforcement. (C) 2018 Luca Tosoni. Published by Elsevier Ltd. All rights reserved.

 

DOI: 10.1016/j.clsr.2018.08.004



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