data associated with specified communications transmitted by means of
an electronic system; or
(b) authorise a police officer to collect or record that data through
application of technical means.
31
Forensic tool
(1) If a judge, magistrate or registrar on application by a police officer is
satisfied on the basis of information, that in an investigation concerning
an offence under this Act, there are reasonable grounds to believe that
essential evidence can only be collected by applying a remote forensic
tool, that is reasonably required for the purposes of a criminal
investigation, the judge, magistrate or registrar may:
(a) authorise a police officer to utilise a remote forensic tool with the
specific task required for the investigation;
(b) and install it on the suspect’s electronic system in order to collect the
relevant evidence.
(2) The application must contain the following information:
(a) suspect of the offence, if possible with name and address; and
(b) description of the targeted electronic system; and
(c) description of the intended measure, extent and duration of the
utilisation; and
(d) reasons for the necessity of the utilisation.
(3) Within such investigation it is necessary to ensure that modifications to
the electronic system of the suspect are limited to those essential for the
investigation and that any changes if possible can be undone after the
end of the investigation. During the investigation it is necessary to log:
(a) the technical means used and time and date of the application; and
(b) the identification of the electronic system and details of the
modifications undertaken within the investigation; and
(c) any information obtained.
(4) Information obtained by the use of such software need to be protected
against any modification, unauthorised deletion and unauthorised
access.
(5) The duration of authorisation in section 31(1) is limited to 3 months and
if the conditions of the authorisation are no longer met, the actions taken
are to stop immediately.
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