ETS 185 – Cybercrime (Convention), 23.XI.2001
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Any preservation effected in response to the request referred to in paragraph 1 shall be for a
period not less than sixty days, in order to enable the requesting Party to submit a request for
the search or similar access, seizure or similar securing, or disclosure of the data. Following
the receipt of such a request, the data shall continue to be preserved pending a decision on
that request.
Article 30 – Expedited disclosure of preserved traffic data
1
Where, in the course of the execution of a request made pursuant to Article 29 to preserve
traffic data concerning a specific communication, the requested Party discovers that a service
provider in another State was involved in the transmission of the communication, the
requested Party shall expeditiously disclose to the requesting Party a sufficient amount of
traffic data to identify that service provider and the path through which the communication was
transmitted.
2
Disclosure of traffic data under paragraph 1 may only be withheld if:
a
the request concerns an offence which the requested Party considers a political offence
or an offence connected with a political offence; or
b
the requested Party considers that execution of the request is likely to prejudice its
sovereignty, security, ordre public or other essential interests.
Title 2 – Mutual assistance regarding investigative powers
Article 31 – Mutual assistance regarding accessing of stored computer data
1
A Party may request another Party to search or similarly access, seize or similarly secure,
and disclose data stored by means of a computer system located within the territory of the
requested Party, including data that has been preserved pursuant to Article 29.
2
The requested Party shall respond to the request through the application of international
instruments, arrangements and laws referred to in Article 23, and in accordance with other
relevant provisions of this chapter.
3
The request shall be responded to on an expedited basis where:
a
there are grounds to believe that relevant data is particularly vulnerable to loss or
modification; or
b
the instruments, arrangements and laws referred to in paragraph 2 otherwise provide for
expedited co-operation.
Article 32 –
Trans-border access to stored computer data with consent or where
publicly available
A Party may, without the authorisation of another Party:
a
access publicly available (open source) stored computer data, regardless of where the
data is located geographically; or
b
access or receive, through a computer system in its territory, stored computer data
located in another Party, if the Party obtains the lawful and voluntary consent of the
person who has the lawful authority to disclose the data to the Party through that
computer system.
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