i
to collect or record through the application of technical means
on the territory of that Party; or
ii
to co-operate and assist the competent authorities in the
collection or recording of,
traffic data, in real-time, associated with specified communications
in its territory transmitted by means of a computer system.
2
Where a Party, due to the established principles of its domestic legal
system, cannot adopt the measures referred to in paragraph 1.a, it may
instead adopt legislative and other measures as may be necessary to
ensure the real-time collection or recording of traffic data associated with
specified communications transmitted in its territory, through the
application of technical means on that territory.
3
Each 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
Articles 14 and 15.
Article 21 –
1
Interception of content data
Each Party shall adopt such legislative and other measures as may be
necessary, in relation to a range of serious offences to be determined by
domestic law, to empower its competent authorities to:
a
collect or record through the application of technical means on the
territory of that Party, and
b
compel a service provider, within its existing technical capability:
i
to collect or record through the application of technical means
on the territory of that Party, or
ii
to co-operate and assist the competent authorities in the
collection or recording of,
content data, in real-time, of specified communications in its territory
transmitted by means of a computer system.
2
Where a Party, due to the established principles of its domestic legal
system, cannot adopt the measures referred to in paragraph 1.a, it may
instead adopt legislative and other measures as may be necessary to
ensure the real-time collection or recording of content data on specified
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