A/AC.291/L.15
Article 44. Mutual legal assistance in accessing
stored electronic data
[agreed ad referendum]
1.
A State Party may request another State Party to search or similarly access, seize
or similarly secure, and disclose electronic data stored by means of an information
and communications technology system located within the territory of the requested
State Party, including electronic data that have been preserved pursuant to article 42
of this Convention.
2.
The requested State Party shall respond to the request through the application of
relevant international instruments and laws referred to in article 35 of this
Convention, and in accordance with other relevant provisions of this chapter.
3.
The request shall be responded to on an expedited basis where:
(a) There are grounds to believe that the relevant data are particularly
vulnerable to loss or modification; or
(b) The instruments and laws referred to in paragraph 2 of this article
otherwise provide for expedited cooperation.
Article 45. Mutual legal assistance in the real-time
collection of traffic data
[agreed ad referendum]
1.
States Parties shall endeavour to provide mutual legal assistance to each other
in the real-time collection of traffic data associated with specified communications in
their territory transmitted by means of an information and communications
technology system. Subject to the provisions of paragraph 2 of this article, such
assistance shall be governed by the conditions and procedures provided for under
domestic law.
2.
Each State Party shall endeavour to provide such assistance at least with respect
to criminal offences for which the real-time collection of traffic data would be
available in a similar domestic case.
3.
A request made in accordance with paragraph 1 of this article shall specify:
(a)
The name of the requesting authority;
(b) A summary of the main facts and the nature of the investigation,
prosecution or judicial proceeding to which the request relates;
(c) The electronic data in relation to which the collection of the traffic data is
required and their relationship to the offence;
(d) Any available data that identify the owner or user of the data or the location
of the information and communications technology system;
(e)
Justification for the need to collect the traffic data;
(f) The period for which traffic data are to be collected and a corresponding
justification of its duration.
Article 46. Mutual legal assistance in the
interception of content data
[agreed ad referendum]
States Parties shall endeavour to provide mutual legal assistance to each other
in the real-time collection or recording of content data of specified communications
transmitted by means of an information and communications technology system, to
the extent permitted under treaties applicable to them or under their domestic laws.
28/41
V.24-14137