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152. Articles 16 and 17 refer only to data preservation, and not data retention. They do not mandate the collection and retention of all, or even some, data collected by a service provider or other entity in the course of its activities. The preservation measures apply to computer data that "has been stored by means of a computer system", which presupposes that the data already exists, has already been collected and is stored. Furthermore, as indicated in Article 14, all of the powers and procedures required to be established in Section 2 of the Convention are for the purpose of specific criminal investigations or proceedings, which limits the application of the measures to an investigation in a particular case. Additionally, where a Party gives effect to preservation measures by means of an order, this order is in relation to "specified stored computer data in the persons possession or control" (paragraph 2). The articles, therefore, provide only for the power to require preservation of existing stored data, pending subsequent disclosure of the data pursuant to other legal powers, in relation to specific criminal investigations or proceedings.
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