The Budapest Convention and the General Data Protection Regulation: acting in concert to curb cybercrime?
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The Budapest Convention and the General Data Protection Regulation: acting in concert to curb cybercrime? David Wicki-Birchler
Received: 7 July 2020 / Accepted: 2 August 2020 / Published online: 22 September 2020 © The Author(s) 2020
Abstract The Budapest Convention and the General Data Protection Regulation (GDPR)—two Legal Frameworks designed to curb cybercrime. While the Convention on Cybercrime of the Council of Europe, the Budapest Convention, is the only binding international instrument on this issue, the GDPR is globally setting standards in data protection Law. How are the two policies working to curb cybercrime? Cybercrime concerns every person, every company, every authority and every public institution. The fact that the origin as well as the target of the criminal act can be located virtually everywhere around the globe sets a new challenge for lawmakers in their efforts to protect society. The increasing use and importance of the Internet of Things will create new conveniences for the public to enjoy and at the same time provide countless new entry points for hackers to gain access to devices, networks and valuable data, all of which might be abused for criminal intents. The Budapest Convention on Cybercrime plays a crucial role in the fight against cybercrime by setting state of the art principle based criminal law standards and important procedural rules with regard to the provisional storage of data to be potentially used as evidence in prosecuting criminal acts. GDPR is blazing the trail for the appropriate handling of data, and is thereby—albeit from a different starting point—significantly contributing to an improved data security framework and thus efficiently curbing cybercrime. Keywords Criminal law · Internet of Things · Computer security · Data security · Europe
D. Wicki-Birchler () Fachstelle Compliance & Datenschutz, Hochschule für Wirtschaft Zürich (HWZ), Lagerstrasse 5, 8001 Zürich, Switzerland E-Mail: [email protected]
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Int. Cybersecur. Law Rev. (2020) 1:63–72
1 The development of cybercrime: a challenge for lawmakers The phenomenon of cybercrime is strongly tied to the rise of computers in both personal and commercial use. This is because the new opportunities of data processing and data exchange, which are the very strength of computers, can be meaningfully used as much as they can be abused unethically and criminally. In the early 1980s a technocultural phenomenon was captured in a Time magazine cover story declaring the personal computer “Machine of the Year” in 1983 [1]. The first generation of personal computers stored data on storage devices such as magnetic tape and/or floppy discs. The exchange of any data was burdensome, and therefore was very limited to essentials, when absolutely necessary. The flow and exchange of data was significantly furthered when companies began to build internal networks using own company servers and central storage devices, which allowed different computers within the firm the access to the same data storage pool. The creation of inter
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