Privacy International’s Comments on the Revised Draft Text of the UN Cybercrime Convention (November 2023)

As negotiations of a UN treaty against cybercrime are coming to a close, Privacy International is concerned that, in its current, almost final form, the draft treaty poses significant risks to both human rights and the security of digital communications.

The Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes is concluding its final negotiating session at UN headquarters in New York City, after over two years of negotiations which exposed deep divisions among states.

In this briefing, Privacy International outlines its analysis of some key provisions on the Updated Draft of the United Nations Convention against Cybercrime, which will be negotiated at the reconvened concluding session of the Ad Hoc Committee in late July. While not aiming to be comprehensive, PI's comments cover the following Articles: 3, 4, 6, 7-11, 23, 24, 28, 29, 30, 35, 36, 47 and 54.

In this briefing Privacy International outlines its analysis of some key provisions on the draft text of the UN Cybercrime Convention, with the aim to provide delegations of Member States and other stakeholders with our recommendations to strengthen the draft and bring it into line with human rights law. This briefing builds upon the submissions made by PI at the previous sessions of the Ad Hoc Committee and reflects upon some of the amendments proposed by Member States. While not aiming to be comprehensive, it covers in particular the following Articles: 2, 3, 5, 23, 24, 28, 29, 30, 35, 36, 47 and 54.

In this joint submission, Privacy International (PI) and Electronic Frontier Foundation (EFF) provide observations and recommendations on the proposed draft text of the UN Cybercrime Convention for the August 2023 session.