UN Cybercrime Convention Threatens Privacy and Human Rights
As the final negotiating session for the proposed UN Cybercrime Convention approaches, countries are under pressure to amend the text to address significant privacy and human rights concerns. The current draft, set to be discussed from July 29 to August 9 in New York, lacks robust safeguards against extensive surveillance and defers most protections to national laws. This could lead to increased government overreach and transnational repression, as weaker safeguards in some nations may result in widespread abuses and erosion of privacy protections.
One of the most critical issues is the broad definition of “electronic data,” which encompasses any data stored, processed, or transmitted electronically, including private, unshared thoughts and information. This definition allows authorities to compel the preservation, production, or seizure of any electronic data, potentially turning personal devices into surveillance tools. Emerging technologies like AI and augmented reality further exacerbate these risks by collecting highly sensitive data that could be misused without adequate protection.
The proposed convention also lacks specific safeguards for various privileged communications, such as attorney-client and doctor-patient privileges, and fails to protect individuals from being compelled to provide evidence against themselves. Article 24, which is supposed to provide safeguards, is insufficient as it defers to domestic laws and uses vague terms like “as appropriate,” leading to inconsistent protections. This inadequacy is particularly concerning given the high disparity in human rights protections among different countries.
Moreover, the convention’s provisions for search and seizure of electronic data (Article 28) and expedited preservation orders (Article 25) grant sweeping powers without mandatory privacy and data protection safeguards. These powers could lead to significant privacy violations and misuse of sensitive information. The international cooperation provisions further extend these risks across borders, potentially enabling widespread government overreach. Countries committed to the rule of law and human rights must unite to either defeat the convention or demand substantial amendments to ensure robust privacy and data protection safeguards.
Source: UN Cybercrime Draft Convention Dangerously Expands State Surveillance
