A/AC.291/L.15
for the purpose of domestic criminal investigations and proceedings and for the
purpose of rendering international cooperation by the requested State Party.
5.
References to judicial or other independent review in paragraph 2 of this article
are references to such review at the domestic level.
Article 25. Expedited preservation of stored electronic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may be
necessary to enable its competent authorities to order or similarly obtain the
expeditious preservation of specified electronic data, including traffic data, content
data and subscriber information, that have been stored by means of an information
and communications technology system, in particular where there are grounds to
believe that the electronic data are particularly vulnerable to loss or modification.
2.
Where a State Party gives effect to paragraph 1 of this article by means of an
order to a person to preserve specified stored electronic data in the person’s possession
or control, the State Party shall adopt such legislative and other measures as may b e
necessary to oblige that person to preserve and maintain the integrity of those
electronic data for a period of time as long as necessary, up to a maximum of 90 days,
to enable the competent authorities to seek their disclosure. A State Party may provide
for such an order to be subsequently renewed.
3.
Each State Party shall adopt such legislative and other measures as may be
necessary to oblige the custodian or other person who is to preserve the electronic
data to keep confidential the undertaking of such procedures for the period of time
provided for in its domestic legislation.
Article 26. Expedited preservation and partial disclosure of traffic data
[agreed ad referendum]
Each State Party shall adopt, in respect of traffic data that are to be preserved
under the provisions of article 25 of this Convention, such legislative and other
measures as may be necessary to:
(a) Ensure that such expeditious preservation of traffic data is available
regardless of whether one or more service providers were involved in the transmission
of a communication; and
(b) Ensure the expeditious disclosure to the State Party’s competent authority,
or a person designated by that authority, of a sufficient amount of traffic data to enable
the State Party to identify the service providers and the path through which the
communication or indicated information was transmitted.
Article 27. Production order
[agreed ad referendum]
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to order:
(a) A person in its territory to submit specified electronic data in that person’s
possession or control that are stored in an information and communications
technology system or an electronic data storage medium; and
(b) A service provider offering its services in the territory of the State Party to
submit subscriber information relating to such services in that service provider’s
possession or control.
V.24-14137
13/41