Data Disclosure Framework (DDF), a tool developed by the United Nations Office on Drugs and Crime (UNODC) and the Security Council Counter-Terrorism Committee Executive Directorate (CTED), outlines the practises developed for responding to data requests from foreign criminal justice authorities for counter-terrorism investigations.
“It is the latest in a series of practical tools developed by the UN Global Initiative on Handling Electronic Evidence in 2021,” according to a joint statement. “It is the first to specifically target smaller tech companies and micro-platforms, providing them with a unique road map for rapidly and lawfully responding to foreign requests for e-evidence in counter-terrorism investigations.”
“The Data Disclosure Framework and all tools are accessible in the Electronic Evidence Hub,” which is a “one-stop shop” for legal materials and practical tools on electronic evidence.
The instrument, which was developed with the financial help of France, Germany, Japan, the United Kingdom, and the United States, and in collaboration with the business sector, aims to combat terrorists and organised criminals’ increased use of the Internet, social media, and encrypted messaging Apps. The UNODC and the CTED noted that in such circumstances, acquiring the evidence needed to bring the criminals to justice was critical.
Service providers’ electronic evidence might be used to show where and when a crime was committed, reveal incriminating conversations, and track down perpetrators. They underlined that obtaining this e-evidence may guarantee that the right person was arrested and that those implicated were properly prosecuted.
Concerns about human rights
“Legal data access poses major human rights problems, including the right to privacy, as well as the freedoms of thought, conscience, and religion.” According to the statement, “law enforcement and legal practitioners must ensure that their demands are made in accordance with international law, including international human rights legislation, and the appropriate domestic legal frameworks.”
“The Council also recognises the importance of maintaining global connectivity and the free and secure flow of information in order to facilitate economic development, communication, participation, and access to information, and emphasises the importance of collaboration with civil society and the private sector in this endeavour,” it added.
The UNODC’s Terrorism Prevention Branch (TPB) aided member-states in dealing with “complex and immediate dangers relating to e-evidence, criminal justice, law enforcement, and associated legislative challenges.”
“To that aim, the Global Initiative revised the ‘Practical Guide’ in May 2021, and UNODC/TPB created the Electronic Evidence Hub, a ‘one-stop window’ for legal information and practical tools on e-evidence…,” according to the statement.
Source: The Hindu