2. Disclosure of traffic data under paragraph 1 may only be withheld 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.
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 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 co-operation.
Article 32 - Trans-border access to stored computer data with consent or where publicly available
A Party may, without obtaining the authorisation 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. |
After CEBIT awards in 2002,
