Debates Parlamentares - Diário 120S1, p. 26 (2009-05-23)

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26 | II Série A - Número: 120S1 | 23 de Maio de 2009

a kept confidential where the request for mutual legal assistance could not be complied with in the absence of such condition, or
b not used for investigations or proceedings other than those stated in the request.
3 If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then determine whether the information should nevertheless be provided. When the requesting Party accepts the condition, it shall be bound by it. 4 Any Party that supplies information or material subject to a condition referred to in paragraph 2 may require the other Party to explain, in relation to that condition, the use made of such information or material.
Section 2 – Specific provisions Title 1 – Mutual assistance regarding provisional measures
Article 29 – Expedited preservation of stored computer data
1 A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data.
2 A request for preservation made under paragraph 1 shall specify:
a the authority seeking the preservation;
b the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;
c the stored computer data to be preserved and its relationship to the offence;
d any available information identifying the custodian of the stored computer data or the location of the computer system;
e the necessity of the preservation; and
f that the Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.
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.

26 | II Série A - Número: 120S1 | 23 de Maio de 2009a kept confidential where the request for mutual legal assistance could not be complied with in the absence of such condition, or
b not used for investigations or proceedings other than those stated in the request.
3 If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then determine whether the information should nevertheless be provided. When the requesting Party accepts the condition, it shall be bound by it. 4 Any Party that supplies information or material subject to a condition referred to in paragraph 2 may require the other Party to explain, in relation to that condition, the use made of such information or material.
Section 2 – Specific provisions Title 1 – Mutual assistance regarding provisional measures
Article 29 – Expedited preservation of stored computer data
1 A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data.
2 A request for preservation made under paragraph 1 shall specify:
a the authority seeking the preservation;
b the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;
c the stored computer data to be preserved and its relationship to the offence;
d any available information identifying the custodian of the stored computer data or the location of the computer system;
e the necessity of the preservation; and
f that the Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.
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.

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