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2.
Where a State Party due to the long-established principles of its domestic
legal system cannot adopt the measures provided for in paragraph 1 (a) of this
Article, it may instead adopt legislative and other measures as may be necessary
to ensure the real-time collection or recording of the technical parameters of the
traffic in its territory through the application of technical means in that territory.
3.
Each State Party shall adopt such legislative and other measures as may
be necessary to oblige a service provider to keep confidential the fact of the
execution of any power provided for in this Article and any information relating
to it.
4.
The powers and procedures referred to in this Article shall be subject to
the provisions of Articles 21 and 22 of this Convention.
Article 28. Collection of information transmitted through ICT
1.
Each State Party shall adopt such legislative and other measures as may
be necessary, in relation to offences provided for by this Convention and
established under its domestic legislation, to empower its competent authorities
to:
(a)
collect or record, through the application of technical means, in the
territory of that State Party, information transmitted through ICT; and
(b)
oblige service provider, within its existing technical capability:
-
to collect or record through the application of technical means in
the territory of that State Party computer information transmitted with the use of
ICT; or
-
to cooperate with and assist the competent authorities of that State
Party in collecting or recording in real time computer information transmitted
through ICT in the territory of that State Party.
2.
Where a State Party, due to the long-established principles of its domestic
legal system, cannot adopt the measures referred to in paragraph 1 (a) of this
Article, it may instead adopt legislative and other measures as may be necessary
to ensure the real-time collection or recording of computer information