Convention on Cybercrime:Article 29 Expedited preservation of stored computer data

Convention on Cybercrime

Article 29 Expedited preservation of stored computer data

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data.

2.

A request for preservation made under paragraph 1 shall specify:

a)

the authority seeking the preservation;

b)

the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;

c)

the stored computer data to be preserved and its relationship to the offence;

d)

any available information identifying the custodian of the stored computer data or the location of the computer system;

e)

the necessity of the preservation; and

f)

that the Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.

3.

Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation.

4.

A Party that requires dual criminality as a condition for responding to a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of stored data may, in respect of offences other than those established in accordance with Articles 2 through 11 of this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.

5.

In addition, a request for preservation may only be refused if:

a)

the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence, or

b)

the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.

6.

Where the requested Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting Party's investigation, it shall promptly so inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

7.

Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.

Deze functie is alleen te gebruiken als je bent ingelogd.