Article 19 Search and seizure of stored computer data

Geldend

Documentgegevens:

Geldend vanaf 01-07-2004

Bronpublicatie:: 23-11-2001, Trb. 2004, 18 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2004
Bronpublicatie inwerkingtreding:: 30-11-2004, Trb. 2004, 290 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Informatierecht / ICT
Internationaal strafrecht / Internationale misdrijven
Internationaal strafrecht / Justitiële en politionele samenwerking

1.

Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to search or similarly access:

a): a computer system or part of it and computer data stored therein;
and
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.