Article 7 Limitations on Use 1. The Requesting Party may use any evidence or information obtained from the Requested Party: (a) for the purpose of its criminal investigations and proceedings; (b) for preventing an immediate and serious threat to its public security; (c) in its non-criminal judicial or administrative proceedings directly related to investigations or proceedings: (i) set forth in subparagraph (a); or 9 (ii) for which mutual legal assistance was rendered under Article 1 (1 bis)(a) of this Treaty; (d) for any other purpose, if the evidence or information has been made public within the framework of proceedings for which they were transmitted, or in any of the situations described in subparagraphs (a), (b) and (c); and (e) for any other purpose only with the prior consent of the Requested Party. 2 (a) This Article shall not prejudice the ability of the Requested Party in accordance with this Treaty to impose additional conditions in a particular case where the particular request for assistance could not be complied with in the absence of such conditions. Where additional conditions have been imposed in accordance with this subparagraph, the Requested Party may require the Requesting Party to give information on the use made of the evidence or information. (b) Generic restrictions with respect to the legal standards of the Requesting Party for processing personal data may not be imposed by the Requested Party as a condition under subparagraph (a) to providing evidence or information. 3. Where, following disclosure to the Requesting Party, the Requested Party becomes aware of circumstances that may cause it to seek an additional condition in a particular case, the Requested Party may consult with the Requesting Party to determine the extent to which the evidence and information can be protected.
Thursday, July 21, 2005
It seems that government consent is needed to proceed with an investigation. This changes my mind on the subject some what.