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Party, which shall then determine whether the information should nevertheless be provided. When the requesting Party accepts the condition, it shall be bound by it…
Section 2 – Specific provisions.
Title 1 – Mutual assistance regarding provisional measures.
Article 29 – Expedited preservation of stored computer data.
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.
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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.
Article 30 – Expedited disclosure of preserved traffic data.
1. Where, in the course of the execution of a request made pursuant to Article 29 to preserve traffic data concerning a specific communication, the requested Party discovers that a service provider in another State was involved in the transmission of the communication, the re-
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quested Party shall expeditiously disclose to the requesting Party a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted….
Title 2 – Mutual assistance regarding investigative powers.
Article 31 – Mutual assistance regarding accessing of stored computer data.
1.A Party may request another Party to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system 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 cooperation.
Article 32 – Trans-border access to stored computer data with consent or where publicly available.
A Party may, without the authorization 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.
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Article 33 – Mutual assistance regarding the realtime collection of traffic data.
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.
Article 34 – Mutual assistance regarding the interception of content data.
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.
Chapter IV – Final provisions.
Article 36 – Signature and entry into force.
1.This Convention shall be open for signature by the member States of the Council of Europe and by nonmember States which have participated in its elaboration.
2.This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3.This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraphs 1 and 2.
4.In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraphs 1 and 2.
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Article 37 – Accession to the Convention.
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Contracting States to the Convention, may invite any State which is not a member of the Council and which has not participated in its elaboration to accede to this Convention. The decision shall be taken by the majority provided for in Article 20.d. of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers…..
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Budapest, this 23rd day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.
II
OPTIONAL PROTOCOL
to the International Covenant on Civil and Political Rights
The States Parties to the Present Protocol,
Considering that in order further to achieve the purposes of the Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.