+Article 17 6.

Article 17 6.

Where the competent court establishes, based on the examination pursuant to paragraph 4, point (b), that the law of the third country prohibits disclosure of the data concerned, the competent court shall determine whether to uphold or lift the European Production Order. That assessment shall in particular be based on the following factors, while giving particular weight to the factors referred to in points (a) and (b):

(a) 

the interest protected by the relevant law of the third country, including fundamental rights as well as other fundamental interests preventing disclosure of the data, in particular national security interests of the third country;

(b) 

the degree of connection between the criminal case for which the European Production Order was issued and either of the two jurisdictions, as indicated inter alia by:

(i) 

the location, nationality and place of residence of the person whose data are being requested or of the victim or victims of the criminal offence in question;

(ii) 

the place where the criminal offence in question was committed;

(c) 

the degree of connection between the service provider and the third country in question; in this context, the data storage location alone shall not suffice for the purpose of establishing a substantial degree of connection;

(d) 

the interests of the investigating State in obtaining the evidence concerned, based on the seriousness of the offence and the importance of obtaining evidence in an expeditious manner;

(e) 

the possible consequences for the addressee or for the service provider of complying with the European Production Order, including the potential penalties.

1. Przegląd

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1.1 Odwołania

1.2 Zidentyfikowane wymagania

1.3 Powiązane normy

2. Zidentyfikowane wymagania

Wymagania

3. Powiązane normy

Normy