Clause B: Laws of Search and Seizure
Amendment to
the Criminal
Procedure
(Arrest and
Search)
Ordinance –
No. 6
11. In the Criminal Procedure (Arrest and Search) Ordinance [New
Version], 5729 – 1969 (1) In Section 1 –
(a) In the definition “object”, the words “computer material or
animal” shall replace “or animal”.
(b) The following shall be inserted after the definition of “object”:
“Computer”, “computer material” and “output” as defined in
the Computers Law, 5755 – 1995”.
(2) The following shall be added after Section 23:
“Penetration into computer material
23A. (a) Penetration into computer material and production of
output in the course of such penetration shall be considered as a
search and shall be performed by an official who is trained to carry
out such actions; for this purpose, “penetration into computer
material” - as it defined under Section 4 of the Computers Law,
5755 – 1995.
(b) Notwithstanding the provisions of this Chapter, a search as
aforesaid in Subsection (a) shall not be conducted, unless by an
warrant of a judge under Section 23, which explicitly specifies the
permission to penetrate into computer material or to produce
output, as the case may be, and the conditions for the search and its
purposes.
(c) Receiving information from communication between
computers incidental to a search under this Section will not be
considered eavesdropping under the Eavesdropping Law, 5729 –
1979.”
(3) In Section 32 –
(a)
Subsection (b) shall be marked (c), and in it, the words “this
section” shall replace “subsection (a)”;
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