2. The duration of the interception provided for under Paragraph 1 of this Article shall not
exceed three months, starting from the date of its actual commencement. It shall be
renewable only once.
3. The authority assigned to implement the permission of interception must notify the Public
Prosecution of the actual date of launching the interception process and coordinate with it
in regard of taking the necessary measures to ensure its smooth progress.
Article 37
The evidence which results from any means of information technology, information systems,
information networks, electronic websites, or electronic data and information shall be deemed
to be prosecution evidence.
Article 38
The evidence obtained by the competent authority or investigation authorities from other
states shall be deemed to be prosecution evidence, as long as it has been obtained in
accordance with the legal and judicial procedures of international cooperation.
Article 39
1. The competent authorities of investigation and seizure, in the event they monitor hosted
electronic websites, which broadcast either inside or outside the State, posting any
expressions, figures, images, films, propaganda materials or others which may threaten
national security, public order or public morals, shall be entitled to submit a report thereon
to the Attorney General or one of his assistants and request permission to block the
broadcast of the electronic website(s) or block some of their links.
2. The Attorney General or one of his assistants shall submit the application for a permission
to the Court of Conciliation within 24 hours, enclosed with a notice of his opinion. The
Court shall render its decision on the application on the same day it is brought before it,
stating either acceptance or rejection, provided that the duration of the blockage does not
exceed six months, unless the duration is extended in accordance with the procedures
provided for under this Article.
Article 40
Apart from the professional obligations provided for by the law, professional secrets or
relevant requirements may not be invoked to refrain from the submission of information or
documents, which are requested in accordance with the provisions of the law.
Article 41
The State agencies, institutions, entities and the bodies and companies affiliated therewith
shall abide by the following:
1. Take preventative security measures needed to protect their own information systems,
electronic websites, information networks and electronic data and information.
2. Promptly notify the competent authority of any crime provided for under this Law by
Decree as soon as it is detected or when uncovering any attempt of unlawful reception,
interception or wiretapping, and provide the competent authority with all relevant
information to divulge the truth.
3. Keep information technology data and the subscriber’s information for a period of not less
than 120 days and provide the competent authority with such data.
4. Cooperate with the competent authority to implement their powers.
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.
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