4
Any Party that supplies information or material subject to a condition
referred to in paragraph 2 may require the other Party to explain, in
relation to that condition, the use made of such information or material.
Section 2 – Specific provisions
Title 1 – Mutual assistance regarding provisional measures
Article 29 –
Expedited preservation of stored computer data
1
A Party may request another Party to order or otherwise obtain the
expeditious preservation of data stored by means of a computer system,
located within the territory of that other Party and in respect of which the
requesting Party intends to submit a request for mutual assistance for the
search or similar access, seizure or similar securing, or disclosure of the
data.
2
A request for preservation made under paragraph 1 shall specify:
a
the authority seeking the preservation;
b
the offence that is the subject of a criminal investigation or
proceedings and a brief summary of the related facts;
c
the stored computer data to be preserved and its relationship to the
offence;
d
any available information identifying the custodian of the stored
computer data or the location of the computer system;
e
the necessity of the preservation; and
f
that the Party intends to submit a request for mutual assistance for
the search or similar access, seizure or similar securing, or
disclosure of the stored computer data.
3
Upon receiving the request from another Party, the requested Party shall
take all appropriate measures to preserve expeditiously the specified data
in accordance with its domestic law. For the purposes of responding to a
request, dual criminality shall not be required as a condition to providing
such preservation.
4
A Party that requires dual criminality as a condition for responding to a
request for mutual assistance for the search or similar access, seizure or
similar securing, or disclosure of stored data may, in respect of offences
other than those established in accordance with Articles 2 through 11 of
this Convention, reserve the right to refuse the request for preservation
under this article in cases where it has reasons to believe that at the time
of disclosure the condition of dual criminality cannot be fulfilled.
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