Annex III:
Council of Europe Convention on Cybercrime (2001)
Preamble
The member States of the Council of Europe and the other States
signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater
unity between its members;
Recognising the value of fostering co-operation with the other States
parties to this Convention;
Convinced of the need to pursue, as a matter of priority, a common
criminal policy aimed at the protection of society against cybercrime,
inter alia, by adopting appropriate legislation and fostering international
co-operation;
Conscious of the profound changes brought about by the digitalisation,
convergence and continuing globalisation of computer networks;
Concerned by the risk that computer networks and electronic information
may also be used for committing criminal offences and that evidence
relating to such offences may be stored and transferred by these networks;
Recognising the need for co-operation between States and private industry
in combating cybercrime and the need to protect legitimate interests in the
use and development of information technologies;
Believing that an effective fight against cybercrime requires increased,
rapid and well-functioning international co-operation in criminal matters;
Convinced that the present Convention is necessary to deter action
directed against the confidentiality, integrity and availability of computer
systems, networks and computer data as well as the misuse of such
systems, networks and data by providing for the criminalisation of such
conduct, as described in this Convention, and the adoption of powers
sufficient for effectively combating such criminal offences, by facilitating
their detection, investigation and prosecution at both the domestic and
international levels and by providing arrangements for fast and reliable
international co-operation;
Mindful of the need to ensure a proper balance between the interests of
law enforcement and respect for fundamental human rights as enshrined
in the 1950 Council of Europe Convention for the Protection of Human
Rights and Fundamental Freedoms, the 1966 United Nations International
Covenant on Civil and Political Rights and other applicable international
human rights treaties, which reaffirm the right of everyone to hold
opinions without interference, as well as the right to freedom of
expression, including the freedom to seek, receive, and impart information
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