Page 54 Article III – 38: Each Member State of the African Union shall take the measures required to ensure that criminal intelligence officers can, for the purposes of investigation or execution of a judicial delegation, undertake the operations set forth by this Convention. Section IV: Offenses specific to Information and Communication Technologies Article III – 39: Each Member State of the African Union shall take the measures required to ensure that, where the imperatives of the information so dictate, particularly where there are reasons to believe that the information stored in a computer system is particularly susceptible to loss or modification, the investing judge may issue an injunction to any person to conserve and protect the integrity of the data in his/her possession or under his/her control, for a duration of not more than two years in the interest of the proper conduct of the judicial investigation. The custodian of the said data or any other person with responsibility to conserve the data shall be expected to keep the secrets contained in the data. Article III – 40: Each Member State of the African Union shall take the legislative measures required to ensure that violation of the secrets attracts punishment applicable to the offense of violation of professional secrets. Article III – 41: Each Member State of the African Union shall take the measures required to ensure that, where the imperatives of the information so dictate, the investigating judge can use appropriate technical means to gather or register in real time the data in respect of the content of specific communications in its territory, transmitted by means of a computer system or compel a service supplier to gather and register the data within the framework of his/her technical capacities, using the existing technical facilities in its territory or that of States parties, or provide support and assistance to the competent authorities towards the gathering or registration of the said computerized data. AU Draft0 010111