ETS 185 – Cybercrime (Convention), 23.XI.2001
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b
a computer-data storage medium in which computer data may be stored
in its territory.
2
Each Party shall adopt such legislative and other measures as may be necessary to ensure
that where its authorities search or similarly access a specific computer system or part of it,
pursuant to paragraph 1.a, and have grounds to believe that the data sought is stored in
another computer system or part of it in its territory, and such data is lawfully accessible from
or available to the initial system, the authorities shall be able to expeditiously extend the
search or similar accessing to the other system.
3
Each Party shall adopt such legislative and other measures as may be necessary to empower
its competent authorities to seize or similarly secure computer data accessed according to
paragraphs 1 or 2. These measures shall include the power to:
a
seize or similarly secure a computer system or part of it or a computer-data storage
medium;
b
make and retain a copy of those computer data;
c
maintain the integrity of the relevant stored computer data;
d
render inaccessible or remove those computer data in the accessed computer system.
4
Each 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
computer system or measures applied to protect the computer data therein to provide, as is
reasonable, the necessary information, to enable the undertaking of the measures referred to
in paragraphs 1 and 2.
5
The powers and procedures referred to in this article shall be subject to Articles 14 and 15.
Title 5 – Real-time collection of computer data
Article 20 – Real-time collection of traffic data
1
Each 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 on the territory of that Party,
and
b
compel a service provider, within its existing technical capability:
i
to collect or record through the application of technical means on the territory of that
Party; or
ii
to co-operate 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 a computer system.
10
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