Article 12
Expedited preservation of data
1 - Where, in the course of proceedings, the collection of evidence, necessary to uncover the
truth, requires that specified computer data, including traffic data, that has been stored by
means of a computer system, are obtained, in particular where there are grounds to believe
that the computer data are particularly vulnerable to loss, modification or unavailability, the
competent judicial authority shall order whoever holds or controls such data, namely the
service provider, to preserve the data under consideration.
2 - Preservation may also be ordered by criminal police bodies, authorized by the competent
judicial authority, or where there is urgency or danger in delay; in this last situation, the
former must promptly warn the judicial authority, submitting the report provided for in article
253 of the Procedural Criminal Code.
3 - Under pain of being deemed null and void, the preservation order must indicate:
a) The nature of data;
b) Their origin and destination, if known; and
c) The period of time over which data must be preserved, up to three months.
4 - In compliance with the preservation order, whoever holds or controls such data, namely
the service provider, shall promptly preserve the data under consideration, protecting and
maintaining its integrity for the established period of time, to enable the competent judicial
authority to obtain it, being subject to ensure that the undertaking of such procedures is kept
confidential.
5 - The competent judicial authority may order the renewal of the measure for periods subject
to the limit provided for in paragraph 3 c), insofar as the respective conditions of admissibility
are met, up to a maximum limit of one year.
Article 13
Expedited preservation of traffic data
In order to ensure the preservation of traffic data related to a specific communication,
regardless of whether one or more service providers were involved in the transmission of that
communication, the service provider which was ordered to perform such preservation
pursuant to the preceding article shall indicate to the judicial authority or to criminal police
bodies, as soon as this information is available to it, other service providers through which the
communication was made, in order to identify the service providers and the path through
which the communication was transmitted.
Article 14
Injuction to submit or provide access to data
1 - Where, in the course of proceedings, the collection of evidence, necessary to uncover the
truth, requires that specified computer data, stored in a specific computer system, are
obtained, the competent judicial authority shall order whoever holds or controls such data to