Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p8
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 8/12)
Character Range: 199247–202234

procedures.

  Article 8: Preservation Process and Subscriber Information Process
    1.            The Issuing Party may issue and transmit Legal Process that solely seeks the preservation of Covered Data or the preservation, disclosure, production, or authentication of Subscriber Information directly to a Covered Provider. Such process must relate to the prevention, detection, investigation, or prosecution of crime and shall be issued in compliance with and subject to review or oversight as appropriate under the domestic law of the Issuing Party.

    2.            An Issuing Party and a Covered Provider may make arrangements for the secure transmission of the Legal Process referenced in paragraph 1 of this Article and Subscriber Information produced in response, consistent with applicable law.

    3.            The Issuing Party's requirements as to the manner in which a Covered Provider responds to Legal Process referenced in paragraph 1 of this Article may include that a Covered Provider complete forms that attest to the authenticity of the records produced, or to the absence or non‑existence of such records, and that the Legal Process and any information or evidence furnished in response be kept confidential.

               Article 9: Limitations on Use and Transfer
    1.            Data acquired by the Issuing Party pursuant to Legal Process shall be treated in accordance with the Issuing Party's domestic law, including its privacy and freedom of information laws.

    1.            The Issuing Party shall not transfer data received pursuant to an Order subject to this Agreement to a third‑party government or international organization without first obtaining the consent of the Receiving Party, except to the extent that such data has already been made public in accordance with the Issuing Party's domestic law.

    1.            The Issuing Party shall not be required to share any information produced pursuant to Legal Process with the Receiving Party or a third‑party government.

    2.            Where an Issuing Party has received data pursuant to Legal Process from a Covered Provider, and:

          1.        Australia has declared that its essential interests may be implicated by the introduction of such data as evidence in the prosecution's case in the United States for an offense for which the death penalty is sought; or

          2.       the United States has declared that its essential interests may be implicated by the introduction of such data as evidence in the prosecution's case in Australia in a manner that raises freedom of speech concerns for the United States;

   prior to use of the data in a manner that is or could be contrary to those essential interests, the Issuing Party shall, via the Receiving Party's Designated Authority, obtain permission to do so. The Receiving Party may grant permission, subject to such conditions as it deems necessary, and if it does so, the Issuing Party may only introduce