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 the data may, in respect of offences other than those established in accordance with Articles 2 - 11 of this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reason 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 60 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 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 under 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 requested Party shall expeditiously disclose to the requesting Party a sufficient amount of traffic data in order to identify that service provider and the path through which the communication was transmitted. |
After CEBIT awards in 2002,
