independent supervision, grounds justifying application, and limitation of
the scope and the duration of such power or procedure.
3
To the extent that it is consistent with the public interest, in particular the
sound administration of justice, each Party shall consider the impact of the
powers and procedures in this section upon the rights, responsibilities and
legitimate interests of third parties.
Title 2 – Expedited preservation of stored computer data
Article 16 –
Expedited preservation of stored computer data
1
Each 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 computer data, including traffic
data, that has been stored by means of a computer system, in particular
where there are grounds to believe that the computer data is particularly
vulnerable to loss or modification.
2
Where a Party gives effect to paragraph 1 above by means of an order to a
person to preserve specified stored computer data in the person’s
possession or control, the Party shall adopt such legislative and other
measures as may be necessary to oblige that person to preserve and
maintain the integrity of that computer data for a period of time as long as
necessary, up to a maximum of ninety days, to enable the competent
authorities to seek its disclosure. A Party may provide for such an order to
be subsequently renewed.
3
Each Party shall adopt such legislative and other measures as may be
necessary to oblige the custodian or other person who is to preserve the
computer data to keep confidential the undertaking of such procedures for
the period of time provided for by its domestic law.
4
The powers and procedures referred to in this article shall be subject to
Articles 14 and 15.
Article 17 –
traffic data
1
Expedited preservation and partial disclosure of
Each Party shall adopt, in respect of traffic data that is to be preserved
under Article 16, 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 that communication; and
b
ensure the expeditious disclosure to the Party’s competent authority,
or a person designated by that authority, of a sufficient amount of
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