located within the territory of the requested Party, including data that has
been preserved pursuant to Article 29.
2
The requested Party shall respond to the request through the application of
international instruments, arrangements and laws referred to in Article 23,
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 relevant data is particularly
vulnerable to loss or modification; or
b
the instruments, arrangements and laws referred to in paragraph 2
otherwise provide for expedited co-operation.
Article 32 –
Trans-border access to stored computer data with
consent or where publicly available
A Party may, without the authorisation of another Party:
a
access publicly available (open source) stored computer data,
regardless of where the data is located geographically; or
b
access or receive, through a computer system in its territory, stored
computer data located in another Party, if the Party obtains the
lawful and voluntary consent of the person who has the lawful
authority to disclose the data to the Party through that computer
system.
Article 33 –
traffic data
Mutual assistance in the real-time collection of
1
The Parties shall provide mutual assistance to each other in the real-time
collection of traffic data associated with specified communications in their
territory transmitted by means of a computer system. Subject to the
provisions of paragraph 2, this assistance shall be governed by the
conditions and procedures provided for under domestic law.
2
Each Party shall provide such assistance at least with respect to criminal
offences for which real-time collection of traffic data would be available
in a similar domestic case.
Article 34 –
content data
Mutual assistance regarding the interception of
The Parties shall provide mutual assistance to each other in the real-time
collection or recording of content data of specified communications
transmitted by means of a computer system to the extent permitted under
their applicable treaties and domestic laws.
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