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Nazrin Abdul

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Azerbaijan’s Milli Majlis (Parliament) has approved in first reading a draft law introducing significant amendments to the Criminal Procedure Code, expanding the legal framework for searching and seizing digital systems and electronic data during criminal investigations.

As reported by AzerNEWS, the amendments were discussed at today’s plenary session and focus on regulating investigative actions involving information and communication technology (ICT) systems.

Under the proposed changes, investigators will be allowed to conduct searches and seizures of ICT systems without a court order in urgent cases where there is reliable information indicating an imminent threat. This includes situations involving crimes against the individual or state authority, preparations for such crimes, or risks of concealment or destruction of electronic evidence.

Expanded powers for digital searches

The draft law states that if evidence obtained during criminal proceedings or operational-search activities gives sufficient grounds to believe that relevant information is stored in an ICT system, its components, data storage devices, or electronic data, investigators may conduct searches and seize such materials. In these cases, the participation of a technical specialist will be mandatory.

During digital searches, investigators will be authorized to:

Access ICT systems, their components, data storage devices, and electronic data;

Extend an ongoing search without delay to other ICT systems legally accessible through the initially searched system if there are sufficient grounds;

Restrict access to electronic data or, in cases of absolute necessity, delete and seize such data;

Copy, seize, and securely store electronic data relevant to the investigation;

Seize ICT systems, their components, or data storage devices if relevant data is discovered or if it is not possible to determine this on site;

Require individuals with knowledge of system operations or data protection measures to provide information necessary to carry out investigative actions.

Safeguards and data protection measures

The bill prioritizes seizure of electronic data over physical seizure of hardware whenever possible. However, ICT systems or storage devices may be seized if there is a risk of data damage or falsification, or if failure to seize them could hinder a full, objective investigation. In such cases, measures must be taken to ensure the continuity of lawful activities at the searched location.

Once the necessity for seizure ceases, the investigative authority must immediately return the seized ICT systems, devices, or data to their lawful owners.

The integrity and secure storage of seized electronic data must be ensured. Data transfer to external storage will be prohibited if there is a risk of damage or distortion, or if such transfer could obstruct the investigation, until required procedural actions are completed.

All information obtained during searches or seizures must be fully documented in official investigation protocols.

New legal definitions introduced

The draft law also proposes adding new definitions to criminal procedural legislation, including:

ICT system: Any device or interconnected group of devices that collects, stores, and automatically processes electronic data through software;

Electronic data: Any representation of facts, information, or concepts suitable for processing in an ICT system, including software;

Service provider: Any public authority, legal entity, or individual providing communication services or processing or storing electronic data for users;

Traffic data: Electronic data generated by an ICT system relating to communication source, destination, route, time, duration, size, or type of service;

Subscriber data: Information held by service providers identifying users, excluding traffic and content data;

Content data: Electronic data related to the substance of communications, including images, text messages, voice messages, audio, and video recordings.

Following discussions, the draft law was put to a vote and adopted in first reading.