Electronic data, including subscriber information, traffic, or content data, that helps identify circumstances significant for criminal prosecution, shall be considered evidence in electronic form by a decision of the p conducting the criminal proceedings.
According to Modern.az, the issue is reflected in the amendments to the Criminal and Criminal Procedure Codes discussed at today's plenary session of the Milli Majlis.
According to the amendment, evidence in electronic form and the carriers on which they are stored, with certain exceptions, shall be added to the materials of the criminal prosecution proceedings by the p conducting the criminal proceedings and shall be kept in the case for the entire storage period of the case.
It was noted that evidence in electronic form and the carriers on which they are stored must be preserved in a manner that ensures their integrity and security.
The project states that when the legal owner requests the electronic evidence taken and added to the case for current accounting, reporting, and other lawful purposes, they should be given the opportunity to temporarily use such electronic evidence or their storage carriers, or to make copies of the electronic data.
Furthermore, one year after the court's verdict enters into legal force, or after the decision of the p conducting the criminal proceedings to terminate the criminal prosecution proceedings enters into force, evidence in electronic form or their storage carriers contained in the materials of the criminal prosecution proceedings may be returned to their legal owners upon their request. In this case, the investigator, prosecutor, or court must make copies of the returned electronic evidence, confirm their authenticity, and keep them in the materials of the criminal prosecution proceedings.
In the draft law, to prevent the loss or modification of electronic data significant for criminal prosecution, stored in ICT systems, their parts, or carriers, including information stored by a service provider (subscriber information, traffic, and content data), encryption or other relevant technical measures are taken by the p conducting the criminal proceedings in accordance with international security standards. The decision of the p conducting the criminal proceedings regarding this specifies the object, content, duration, conditions of encryption or other technical measures, the persons entrusted with taking the measures, and other significant circumstances. It is stated that encryption or other technical measures are carried out by natural or legal persons possessing the relevant electronic data, or by other persons determined by the p conducting the criminal proceedings.
In the project, if there are sufficient grounds to assume that electronic data may be subject to loss or modification even if encryption or other relevant technical measures are applied, the p conducting the criminal proceedings shall, to a natural, legal, or official person possessing such electronic data, including information stored by a service provider (subscriber electronic data by natural or legal persons, or by other persons determined by the p conducting the criminal proceedings).
It was stated that if there are sufficient grounds to assume that electronic data may be subject to loss or modification even if encryption or other relevant technical measures are applied, the p conducting the criminal proceedings may adopt a decision to entrust a natural, legal, or official person possessing such electronic data with ensuring the protection and inviolability of that electronic data, including information stored by a service provider (subscriber information, traffic, and content data), for a period not exceeding 90 days. This period may be extended until the completion of the criminal prosecution proceedings.
The decision of the p conducting the criminal proceedings specifies the content of the electronic data intended for protection, the duration and conditions of protection, the persons entrusted with ensuring protection, and other significant circumstances. Measures related to ensuring protection are carried out by natural or legal persons possessing the relevant electronic data, or by other persons determined by the p conducting the criminal proceedings.
The document emphasizes that the person entrusted with the protection of electronic data must maintain confidentiality regarding the implementation of such procedures.
The issue was put to a vote and adopted in the first reading.
