Retention and Circulation of Information for Investigative Purposes: Personal Data Protection Conditions and Guarantees

It is well known how cyber-space has become a place for processing and transmitting illicit activities. Therefore, on 12 May 2022, the Second Additional Protocol to the Budapest Convention on Enhanced Cooperation and Disclosure of Electronic Evidence was opened for signature in view of the fear that electronic evidence - as stated in the Preamble - could be stored in foreign, different, changing or unknown jurisdictions. Inevitably, the superior right to privacy is also undermined. Common touchpoints between the Protocol and the GDPR include, not surprisingly, accountability. It will be interesting to clarify how this 'accountability' obligation can be balanced with the equally felt need to prosecute and repress crimes.