A/AC.291/L.15
2.
The Secretary-General of the United Nations shall be notified of such point of
contact and keep an updated register of points of contact designated for the purposes
of this article and shall annually circulate to the States Parties the updated list of
contact points. [agreed ad referendum]
3.
Such assistance shall include facilitating or, if permitted by the domestic law
and practice of the requested State Party, directly carrying out the following measures:
(a)
The provision of technical advice;
(b) The preservation of stored electronic data pursuant to articles 42 and 43 of
this Convention, including, as appropriate, information about the location of the
service provider, if known to the requested State Party, to assist the requesting State
Party in making a request;
(c)
The collection of evidence and the provision of legal information ;
(d)
The locating of suspects; or
(e)
The provision of electronic data to avert an emergency.
[agreed ad referendum]
4.
A State Party’s point of contact shall have the capacity to carry out
communications with the point of contact of another State Party on an expedited basis.
If the point of contact designated by a State Party is not part of that State Party’s
authority or authorities responsible for mutual legal assistance or extradition, the
point of contact shall ensure that it is able to coordinate with that authority or those
authorities on an expedited basis. [agreed ad referendum]
5.
Each State Party shall ensure that trained and equipped personnel are available
to ensure the operation of the 24/7 network. [agreed ad referendum]
6.
States Parties may also use and strengthen existing authorized networks of
points of contact, where applicable, and within the limits of their domestic laws,
including the 24/7 networks for computer-related crime of the International Criminal
Police Organization for prompt police-to-police cooperation and other methods of
information exchange cooperation. [agreed ad referendum]
Article 42. International cooperation for the purpose of expedited
preservation of stored electronic data
1.
A State Party may request another State Party to order or otherwise obtain, in
accordance with article 25 of this Convention, the expeditious preservation of
electronic data stored by means of an information and communications technology
system located within the territory of that other State Party, and in respect of which
the requesting State Party intends to submit a request for mutual legal assistance in
the search or similar access, seizure or similar securing, or disclosure of the electronic
data. [agreed ad referendum]
2.
The requesting State Party may use the 24/7 network provided for in article 41
of this Convention to seek information concerning the location of the electronic data
stored by means of an information and communications technology system and, as
appropriate, information about the location of the service provider. [ agreed ad
referendum]
3.
A request for preservation made under paragraph 1 of this article shall specify:
(a)
The authority seeking the preservation;
(b) The offence that is the subject of a criminal investigation, prosecution or
judicial proceeding and a brief summary of the related facts;
(c)
offence;
26/41
The stored electronic data to be preserved and their relationship to the
V.24-14137