Artikel 9

1. a) Each Party shall adopt such legislative and other measures as may be necessary, in an emergency, for its point of contact for the 24/7 Network referenced in Article 35 of the Convention (“point of contact”) to transmit a request to and receive a request from a point of contact in another Party seeking immediate assistance in obtaining from a service provider in the territory of that Party the expedited disclosure of specified, stored computer data in that service provider’s possession or control, without a request for mutual assistance.
b) A Party may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, declare that it will not execute requests under paragraph 1.a seeking only the disclosure of subscriber information.
2. Each Party shall adopt such legislative and other measures as may be necessary to enable, pursuant to paragraph 1:
a) its authorities to seek data from a service provider in its territory following a request under paragraph 1;
b) a service provider in its territory to disclose the requested data to its authorities in response to a request under paragraph 2.a; and
c) its authorities to provide the requested data to the requesting Party.
3. The request under paragraph 1 shall specify:
a) the competent authority seeking the data and date on which the request was issued;
b) a statement that the request is issued pursuant to this Protocol;
c) the name and address of the service provider(s) in possession or control of the data sought;
d) the offence(s) that is/are the subject of the criminal investigation or proceeding and a reference to its legal provisions and applicable penalties;
e) sufficient facts to demonstrate that there is an emergency and how the data sought relate to it;
f) a detailed description of the data sought;
g) any special procedural instructions; and
h) any other information that may assist in obtaining disclosure of the requested data.
4. The requested Party shall accept a request in electronic form. A Party may also accept a request transmitted orally and may require confirmation in electronic form. It may require appropriate levels of security and authentication before accepting the request.
5. 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 requesting Parties, following the execution of the request, to submit the request and any supplemental information transmitted in support thereof, in a format and through such channel, which may include mutual assistance, as specified by the requested Party.
6. The requested Party shall inform the requesting Party of its determination on the request under paragraph 1 on a rapidly expedited basis and, if applicable, shall specify any conditions under which it would provide the data and any other forms of co-operation that may be available.
7. a) If a requesting Party cannot comply with a condition imposed by the requested Party under paragraph 6, it shall promptly inform the requested Party. The requested Party shall then determine whether the information or material should nevertheless be provided. If the requesting Party accepts the condition, it shall be bound by it.
b) 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.