BWBV0006966
Artikel 8
Tweede aanvullend protocol bij het Verdrag inzake de bestrijding van strafbare feiten verbonden met elektronische netwerken, inzake nauwere samenwerking en verstrekking van elektronisch bewijsmateriaal
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 as part of a request to another Party for the purpose of compelling a service provider in the requested Party’s territory to produce specified and stored
a) subscriber information, and
b) traffic data
in that service provider’s possession or control which is needed for the Party’s specific criminal investigations or proceedings.
2. Each Party shall adopt such legislative and other measures as may be necessary to give effect to an order under paragraph 1 submitted by a requesting Party.
3. In its request, the requesting Party shall submit the order under paragraph 1, the supporting information and any special procedural instructions to the requested Party.
a) The order shall specify: (i) the issuing authority and the date the order was issued;
(ii) a statement that the order is submitted pursuant to this Protocol;
(iii) the name and address of the service provider(s) to be served;
(iv) the offence(s) that is/are the subject of the criminal investigation or proceeding;
(v) the authority seeking the information or data, if not the issuing authority; and
(vi) a detailed description of the specific information or data sought.
(i) the issuing authority and the date the order was issued;
(ii) a statement that the order is submitted pursuant to this Protocol;
(iii) the name and address of the service provider(s) to be served;
(iv) the offence(s) that is/are the subject of the criminal investigation or proceeding;
(v) the authority seeking the information or data, if not the issuing authority; and
(vi) a detailed description of the specific information or data sought.
b) The supporting information, provided for the purpose of assisting the requested Party to give effect to the order and which shall not be disclosed to the service provider without the consent of the requesting Party, shall specify: (i) the domestic legal grounds that empower the authority to issue the order;
(ii) the legal provisions and applicable penalties for the offence(s) being investigated or prosecuted;
(iii) the reason why the requesting Party believes that the service provider is in possession or control of the data;
(iv) a summary of the facts related to the investigation or proceeding;
(v) the relevance of the information or data to the investigation or proceeding;
(vi) contact information of an authority or authorities that may provide further information;
(vii) whether preservation of the information or data has already been sought, including the date of preservation and any applicable reference number; and
(viii) whether the information has or data have already been sought by other means, and, if so, in what manner.
(i) the domestic legal grounds that empower the authority to issue the order;
(ii) the legal provisions and applicable penalties for the offence(s) being investigated or prosecuted;
(iii) the reason why the requesting Party believes that the service provider is in possession or control of the data;
(iv) a summary of the facts related to the investigation or proceeding;
(v) the relevance of the information or data to the investigation or proceeding;
(vi) contact information of an authority or authorities that may provide further information;
(vii) whether preservation of the information or data has already been sought, including the date of preservation and any applicable reference number; and
(viii) whether the information has or data have already been sought by other means, and, if so, in what manner.
c) The requesting Party may request that the requested Party carry out special procedural instructions.
4. A Party may declare at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, and at any other time, that additional supporting information is required to give effect to orders under paragraph 1.
5. The requested Party shall accept requests in electronic form. It may require appropriate levels of security and authentication before accepting the request.
6. a) The requested Party, from the date of receipt of all the information specified in paragraphs 3 and 4, shall make reasonable efforts to serve the service provider within forty-five days, if not sooner, and shall order a return of requested information or data no later than: (i) twenty days for subscriber information; and
(ii) forty-five days for traffic data.
(i) twenty days for subscriber information; and
(ii) forty-five days for traffic data.
b) The requested Party shall provide for the transmission of the produced information or data to the requesting Party without undue delay.
7. If the requested Party cannot comply with the instructions under paragraph 3.c in the manner requested, it shall promptly inform the requesting Party, and, if applicable, specify any conditions under which it could comply, following which the requesting Party shall determine whether the request should nevertheless be executed.
8. The requested Party may refuse to execute a request on the grounds established in Article 25, paragraph 4, or Article 27, paragraph 4, of the Convention or may impose conditions it considers necessary to permit execution of the request. The requested Party may postpone execution of requests for reasons established under Article 27, paragraph 5, of the Convention. The requested Party shall notify the requesting Party as soon as practicable of the refusal, conditions, or postponement. The requested Party shall also notify the requesting Party of other circumstances that are likely to delay execution of the request significantly. Article 28, paragraph 2.b, of the Convention shall apply to this article.
9. a) If the requesting Party cannot comply with a condition imposed by the requested Party under paragraph 8, it shall promptly inform the requested Party. The requested Party shall then determine if the information or material should nevertheless be provided.
b) If the requesting Party accepts the condition, it shall be bound by it. The requested Party that supplies information or material subject to such a condition may require the requesting Party to explain in relation to that condition the use made of such information or material.
10. Each Party shall, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, communicate to the Secretary General of the Council of Europe and keep up to date the contact information of the authorities designated:
a) to submit an order under this article; and
b) to receive an order under this article.
11. A Party may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, declare that it requires that requests by other Parties under this article be submitted to it by the central authority of the requesting Party, or by such other authority as mutually determined between the Parties concerned.
12. The Secretary General of the Council of Europe shall set up and keep updated a register of authorities designated by the Parties under paragraph 10. Each Party shall ensure that the details that it has provided for the register are correct at all times.
13. At the time of signature of this Protocol or when depositing its instrument of ratification, acceptance, or approval, a Party may reserve the right not to apply this article to traffic data.
a) subscriber information, and
b) traffic data
in that service provider’s possession or control which is needed for the Party’s specific criminal investigations or proceedings.
2. Each Party shall adopt such legislative and other measures as may be necessary to give effect to an order under paragraph 1 submitted by a requesting Party.
3. In its request, the requesting Party shall submit the order under paragraph 1, the supporting information and any special procedural instructions to the requested Party.
a) The order shall specify: (i) the issuing authority and the date the order was issued;
(ii) a statement that the order is submitted pursuant to this Protocol;
(iii) the name and address of the service provider(s) to be served;
(iv) the offence(s) that is/are the subject of the criminal investigation or proceeding;
(v) the authority seeking the information or data, if not the issuing authority; and
(vi) a detailed description of the specific information or data sought.
(i) the issuing authority and the date the order was issued;
(ii) a statement that the order is submitted pursuant to this Protocol;
(iii) the name and address of the service provider(s) to be served;
(iv) the offence(s) that is/are the subject of the criminal investigation or proceeding;
(v) the authority seeking the information or data, if not the issuing authority; and
(vi) a detailed description of the specific information or data sought.
b) The supporting information, provided for the purpose of assisting the requested Party to give effect to the order and which shall not be disclosed to the service provider without the consent of the requesting Party, shall specify: (i) the domestic legal grounds that empower the authority to issue the order;
(ii) the legal provisions and applicable penalties for the offence(s) being investigated or prosecuted;
(iii) the reason why the requesting Party believes that the service provider is in possession or control of the data;
(iv) a summary of the facts related to the investigation or proceeding;
(v) the relevance of the information or data to the investigation or proceeding;
(vi) contact information of an authority or authorities that may provide further information;
(vii) whether preservation of the information or data has already been sought, including the date of preservation and any applicable reference number; and
(viii) whether the information has or data have already been sought by other means, and, if so, in what manner.
(i) the domestic legal grounds that empower the authority to issue the order;
(ii) the legal provisions and applicable penalties for the offence(s) being investigated or prosecuted;
(iii) the reason why the requesting Party believes that the service provider is in possession or control of the data;
(iv) a summary of the facts related to the investigation or proceeding;
(v) the relevance of the information or data to the investigation or proceeding;
(vi) contact information of an authority or authorities that may provide further information;
(vii) whether preservation of the information or data has already been sought, including the date of preservation and any applicable reference number; and
(viii) whether the information has or data have already been sought by other means, and, if so, in what manner.
c) The requesting Party may request that the requested Party carry out special procedural instructions.
4. A Party may declare at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, and at any other time, that additional supporting information is required to give effect to orders under paragraph 1.
5. The requested Party shall accept requests in electronic form. It may require appropriate levels of security and authentication before accepting the request.
6. a) The requested Party, from the date of receipt of all the information specified in paragraphs 3 and 4, shall make reasonable efforts to serve the service provider within forty-five days, if not sooner, and shall order a return of requested information or data no later than: (i) twenty days for subscriber information; and
(ii) forty-five days for traffic data.
(i) twenty days for subscriber information; and
(ii) forty-five days for traffic data.
b) The requested Party shall provide for the transmission of the produced information or data to the requesting Party without undue delay.
7. If the requested Party cannot comply with the instructions under paragraph 3.c in the manner requested, it shall promptly inform the requesting Party, and, if applicable, specify any conditions under which it could comply, following which the requesting Party shall determine whether the request should nevertheless be executed.
8. The requested Party may refuse to execute a request on the grounds established in Article 25, paragraph 4, or Article 27, paragraph 4, of the Convention or may impose conditions it considers necessary to permit execution of the request. The requested Party may postpone execution of requests for reasons established under Article 27, paragraph 5, of the Convention. The requested Party shall notify the requesting Party as soon as practicable of the refusal, conditions, or postponement. The requested Party shall also notify the requesting Party of other circumstances that are likely to delay execution of the request significantly. Article 28, paragraph 2.b, of the Convention shall apply to this article.
9. a) If the requesting Party cannot comply with a condition imposed by the requested Party under paragraph 8, it shall promptly inform the requested Party. The requested Party shall then determine if the information or material should nevertheless be provided.
b) If the requesting Party accepts the condition, it shall be bound by it. The requested Party that supplies information or material subject to such a condition may require the requesting Party to explain in relation to that condition the use made of such information or material.
10. Each Party shall, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, communicate to the Secretary General of the Council of Europe and keep up to date the contact information of the authorities designated:
a) to submit an order under this article; and
b) to receive an order under this article.
11. A Party may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, declare that it requires that requests by other Parties under this article be submitted to it by the central authority of the requesting Party, or by such other authority as mutually determined between the Parties concerned.
12. The Secretary General of the Council of Europe shall set up and keep updated a register of authorities designated by the Parties under paragraph 10. Each Party shall ensure that the details that it has provided for the register are correct at all times.
13. At the time of signature of this Protocol or when depositing its instrument of ratification, acceptance, or approval, a Party may reserve the right not to apply this article to traffic data.
- Citeren als
- Art. 8
- Status
- Geldend recht
- Identificatie
- BWBV0006966
- Officiële bron
- wetten.overheid.nl