A/AC.291/L.15
Article 28. Search and seizure of stored electronic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to search or similarly access:
(a) An information and communications technology system, part of it, and
electronic data stored therein; and
(b) An electronic data storage medium in which the electronic data sought may
be stored;
in the territory of that State Party.
2.
Each State Party shall adopt such legislative and other measures as may be
necessary to ensure that, where its authorities search or similarly access a specific
information and communications technology system or part of it, pursuant to
paragraph 1 (a) of this article, and have grounds to believe that the electronic data
sought are stored in another information and communications technology system or
part of it in its territory, and such data are lawfully accessible from or available to the
initial system, such authorities shall be able to expeditiously conduct the search to
obtain access to that other information and communications technology system.
3.
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to seize or similarly secure electronic
data in its territory accessed in accordance with paragraph 1 or 2 of this article. These
measures shall include the power to:
(a) Seize or similarly secure an information and communications technology
system or part of it, or an electronic data storage medium;
(b)
Make and retain copies of those electronic data in electronic form;
(c)
Maintain the integrity of the relevant stored electronic data;
(d) Render inaccessible or remove those electronic data in the accessed
information and communications technology system.
4.
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to order any person who has
knowledge about the functioning of the information and communications technology
system in question, the information and telecommunications network, or their
component parts, or measures applied to protect the electronic data therein, to provide,
as is reasonable, the necessary information to enable the undertaking of the measures
referred to in paragraphs 1 to 3 of this article.
Article 29. Real-time collection of traffic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to:
(a) Collect or record, through the application of technical means in the
territory of that State Party; and
(b)
Compel a service provider, within its existing technical capability:
(i) To collect or record, through the application of technical means in the
territory of that State Party; or
(ii) To cooperate 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 an information and communications technology system.
14/41
V.24-14137