U.N. tool to facilitate requests for e-evidence in counter-terror probes

Data Disclosure Framework available in Electronic Evidence Hub

The United Nations Office on Drugs and Crime (UNODC) and the Security Council Counter-Terrorism Committee Executive Directorate (CTED) have launched Data Disclosure Framework (DDF), a tool that outlines the practices 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 in 2021 by the UN Global Initiative on Handling Electronic Evidence, and 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,” said a joint statement.

“The Data Disclosure Framework and all tools are available in the Electronic Evidence Hub, which is a ‘one-stop window’ for legal resources and practical tools on e-evidence,” it stated.

Developed with the financial support of France, Germany, Japan, the United Kingdom and the United States, and in cooperation with the private sector, the tool seeks to address the increasing use of Internet, social media and encrypted messaging Apps by terrorists and organised criminals. In such cases, the UNODC and the CTED observed, securing the evidence required to bring the perpetrators to justice was vital.

The e-evidence stored by service providers could prove where and when a crime was committed, disclose incriminating communications, and determine the location of offenders. Obtaining this e-evidence could ensure that the correct individual was arrested and that those involved were effectively prosecuted, they noted.

Human rights issues

“Legal access to data also raises important human rights issues, in particular the right to privacy, but also the rights to freedom of thought, conscience and religion. Law enforcement and legal practitioners are required to ensure that their requests are made in compliance with international law, in particular international human rights law, and the applicable domestic legal frameworks,” the statement pointed out.

“The Council further takes note of the need to preserve global connectivity and the free and secure flow of information facilitating economic development, communication, participation and access to information, and stresses the importance of cooperation with civil society and the private sector in this endeavour,” it emphasised.

The Terrorism Prevention Branch (TPB) of the UNODC assisted the member-States in addressing “complex and imminent threats related to e-evidence, criminal justice, law enforcement and corresponding legislative issues”.

“To this end, in May 2021 the Global Initiative updated the ‘Practical Guide’ and UNODC/TPB launched the Electronic Evidence Hub, a ‘ one-stop window’ for legal resources and practical tools on e-evidence…,” the statement added.