Home > 1.3.2.2 Voting procedures > Principles for a Fundamental Rights-Complaint use of Digital Technologies in Electoral Processes
 
 
 
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Paragraph 80
 

A major problem is that data – and thus electronic evidence – is volatile and often held by service providers in foreign jurisdictions or stored in multiple, shifting or unknown jurisdictions. Effective international cooperation and cooperation with service providers is required. While the Budapest Convention in its current form includes detailed provisions on international cooperation combining expedited provisional measures to secure data with provisions on mutual legal assistance, they do not sufficiently address the problem of cloud computing and related problems of jurisdiction or the fact that service providers in one state offer their services in many others without being legally or physically present or accountable in the latter. For this reason, the Parties to the Budapest Convention have launched the negotiation of a 2nd Additional Protocol to permit added options for enhanced international cooperation and access to data in the cloud.