Article 33 1. The Public Prosecution shall be entitled to obtain the devices, tools, means, electronic data or information, traffic data, data relating to communication traffic or users, or relevant subscriber’s information with relevance to cybercrime. 2. The Public Prosecution shall be entitled to permit the seizure and restraint of the information system either wholly or partly or any means of information technology, which may help to uncover the truth. 3. In case the seizure and restraint of the information system is not necessary or impossible to perform, the data or information relating to the crime as well as the data which secures its reading and comprehension shall be copied on a means of information technology. 4. In case it is impossible to perform the seizure and restraint in actuality, to preserve evidence of the crime, all appropriate means must be used to prevent access to the data stored in the information system. 5. Necessary precautions shall be taken to maintain the integrity of the seized items, including technical means to protect content of the data. 6. As much as possible, a list of the seized and restrained items shall be compiled in the presence of the accused or the person in whose custody the seized and restrained items were located. A report shall be drawn up to that effect. The seized items shall be kept, as the occasion may be, in a container or a sealed envelope, on which a paper, stating in writing the date and time of seizure, number of records and the case. Article 34 1. The judge of the Court of Conciliation shall be entitled to permit the Attorney General or one of his assistants to conduct surveillance of, record, and deal with communications and electronic conversations in order to search for the evidence relating to a crime or misdemeanour, which is punishable by confinement for a term that is not less than one year, for a period of fifteen days that is renewable once, based on the availability of serious evidence. The person who conducts the search, surveillance or recoding must compile a report thereon and submit it to the Public Prosecution. 2. The Attorney General or one of his assistants shall be entitled to issue an order to immediately collect and provide any data, including communication traffic, electronic information, traffic data or subscriber’s information which he deems necessary for the benefit of the investigations for the purposes of Paragraph 1 of this Article, using the proper technical tools and, when necessary, to seek assistance from service providers as per the type of service they deliver. Article 35 The competent authorities must take measures and procedures to ensure the preservation of the integrity and privacy of the devices, tools, means of information technology, electronic systems, or electronic data or information, which are the subject of seizure, until such time that a relevant decision is rendered by the competent judicial authorities thereon. Article 36 1. The competent court shall be entitled to permit the immediate interception, recording or copying of the content of communications at the request of the Attorney General or one of his assistants. The court decision shall include all of the elements which may identify the communications, the subject matter of the application for interception, as well as the acts which necessitate it and its duration. This document constitutes an un-official transcription/translation. DCAF cannot be held responsible for damages that may arise from its use. For official reference, please refer to the original text as published by the Palestinian Authorities. DCAF’s Assistance Programme for the Palestinian Security and Justice Sector is supported by the German Federal Foreign Office. Page 11 of 15

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