Artikel 7

1. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to issue an order to be submitted directly to a service provider in the territory of another Party, in order to obtain the disclosure of specified, stored subscriber information in that service provider’s possession or control, where the subscriber information is needed for the issuing Party’s specific criminal investigations or proceedings.
2. a) Each Party shall adopt such legislative and other measures as may be necessary for a service provider in its territory to disclose subscriber information in response to an order under paragraph 1.
b) At the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, a Party may – with respect to orders issued to service providers in its territory – make the following declaration: “The order under Article 7, paragraph 1, must be issued by, or under the supervision of, a prosecutor or other judicial authority, or otherwise be issued under independent supervision”.
3. The order under paragraph 1 shall specify:
a) the issuing authority and date issued;
b) a statement that the order is issued pursuant to this Protocol;
c) the name and address of the service provider(s) to be served;
d) the offence(s) that is/are the subject of the criminal investigation or proceeding;
e) the authority seeking the specific subscriber information, if not the issuing authority; and
f) a detailed description of the specific subscriber information sought.
4. The order under paragraph 1 shall be accompanied by the following supplemental information:
a) the domestic legal grounds that empower the authority to issue the order;
b) a reference to legal provisions and applicable penalties for the offence being investigated or prosecuted;
c) the contact information of the authority to which the service provider shall return the subscriber information, from which it can request further information, or to which it shall otherwise respond;
d) the time frame within which and the manner in which to return the subscriber information;
e) whether preservation of the data has already been sought, including the date of preservation and any applicable reference number;
f) any special procedural instructions;
g) if applicable, a statement that simultaneous notification has been made pursuant to paragraph 5; and
h) any other information that may assist in obtaining disclosure of the subscriber information.
5. a) A Party may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, and at any other time, notify the Secretary General of the Council of Europe that, when an order is issued under paragraph 1 to a service provider in its territory, the Party requires, in every case or in identified circumstances, simultaneous notification of the order, the supplemental information and a summary of the facts related to the investigation or proceeding.
b) Whether or not a Party requires notification under paragraph 5.a, it may require the service provider to consult the Party’s authorities in identified circumstances prior to disclosure.
c) The authorities notified under paragraph 5.a or consulted under paragraph 5.b may, without undue delay, instruct the service provider not to disclose the subscriber information if: (i) disclosure may prejudice criminal investigations or proceedings in that Party; or
(ii) conditions or grounds for refusal would apply under Article 25, paragraph 4, and Article 27, paragraph 4, of the Convention had the subscriber information been sought through mutual assistance.
(i) disclosure may prejudice criminal investigations or proceedings in that Party; or
(ii) conditions or grounds for refusal would apply under Article 25, paragraph 4, and Article 27, paragraph 4, of the Convention had the subscriber information been sought through mutual assistance.
d) The authorities notified under paragraph 5.a or consulted under paragraph 5.b: (i) may request additional information from the authority referred to in paragraph 4.c for the purposes of applying paragraph 5.c and shall not disclose it to the service provider without that authority’s consent; and
(ii) shall promptly inform the authority referred to in paragraph 4.c if the service provider has been instructed not to disclose the subscriber information and give the reasons for doing so.
(i) may request additional information from the authority referred to in paragraph 4.c for the purposes of applying paragraph 5.c and shall not disclose it to the service provider without that authority’s consent; and
(ii) shall promptly inform the authority referred to in paragraph 4.c if the service provider has been instructed not to disclose the subscriber information and give the reasons for doing so.
e) A Party shall designate a single authority to receive notification under paragraph 5.a and perform the actions described in paragraphs 5.b, 5.c and 5.d. The Party shall, at the time when notification to the Secretary General of the Council of Europe under paragraph 5.a is first given, communicate to the Secretary General the contact information of that authority.
f) The Secretary General of the Council of Europe shall set up and keep updated a register of the authorities designated by the Parties pursuant to paragraph 5.e and whether and under what circumstances they require notification pursuant to paragraph 5.a. Each Party shall ensure that the details that it provides for the register are correct at all times.
6. If acceptable to the service provider, a Party may submit an order under paragraph 1 and supplemental information under paragraph 4 in electronic form. A Party may provide notification and additional information under paragraph 5 in electronic form. Appropriate levels of security and authentication may be required.
7. If a service provider informs the authority in paragraph 4.c that it will not disclose the subscriber information sought, or if it does not disclose subscriber information in response to the order under paragraph 1 within thirty days of receipt of the order or the timeframe stipulated in paragraph 4.d, whichever time period is longer, the competent authorities of the issuing Party may then seek to enforce the order only via Article 8 or other forms of mutual assistance. Parties may request that a service provider give a reason for refusing to disclose the subscriber information sought by the order.
8. A Party may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, declare that an issuing Party shall seek disclosure of subscriber information from the service provider before seeking it under Article 8, unless the issuing Party provides a reasonable explanation for not having done so.
9. At the time of signature of this Protocol or when depositing its instrument of ratification, acceptance, or approval, a Party may:
a) reserve the right not to apply this article; or
b) if disclosure of certain types of access numbers under this article would be inconsistent with the fundamental principles of its domestic legal system, reserve the right not to apply this article to such numbers.