13
12
g of the search,
necessary information, to enable the undertakin
seizure and examination.
deemed a notification to
Office of the Prosecutor shall be
the termination of the case.
preserve the computer data until
The
shall keep
service provider
computer
ordered to preserve
.
confidential the order and its compliance
ion
Law enforcement authorities may request for an extens
data
ter
compu
the
of time to complete the examination. of
data
storage
Law
Data. —
14. Disclosure of Computer
Sec.
shall
nt,
warra
court
a
ing
secur
upon
enforcement authorities,
on oF service provider to
issue an order requiring any pers
ion, traffic data or
disclose or submit subscriber's informat
or control within
relevant data in his/its possession
order in relation to
the
of
pt
seventy-two (72) hours from recei
and assigned for
eted
dock
a valid complaint officially
investigation and the disclosure
the purpose of investigation.
is necessary
and relevant for
ion of Computer
SEC. 15. Search, Seizure and Examinat
ant is properly
warr
re
seizu
Data. — Where a search and
ise have the
s shall likew
issued, the law enforcement authoritie
s.
dutie
and
following powers
in the warrant,
Within the time period specified
Act, and:
this
in
conduct interception, as defined
(a) To secure
storage medium;
To make
(b)
secured;
(ce) To maintain
computer data;
(d)
computer
data
(e)
in
a computer
data
retain a copy of those computer
data
a computer
and
to
the
system
integrity
of
or
the
relevant
stored
ination of the
To conduct forensic analysis or exam
data
To
storage
medium;
and
computer
render inaccessible or remove those
and
uter
comp
or
uter
comp
accessed
the
communications network.
Pursuant
thereof,
the law
enforcement
authorities
may
about the functioning of
order any person who has knowledge
to protect and preserve
ures
meas
the
the computer system and
as is reasonable, the
the computer data therein to provide,
medium
and
to make
a return thereon but in no case
of approval
for a period longer than thirty (80) days from date
by the court.
Sec.
16.
Data.
Custody of Computer
—
All computer
examined under a
data, including content and traffic data,
hours after the
(48)
eight
fortywithin
proper warrant shall,
ted with the
deposi
be
n,
therei
fixed
period
expiration of the
panied by an
court in a sealed package, and shall be accom
ing it stating
execut
affidavit of the law enforcement authority
and the law
ation,
examin
the dates and times covered by the
t, among
deposi
the
access
may
enforcement authority who
shall also
ity
author
t
cemen
enfor
law
The
other relevant data.
any part
or
certify that no duplicates or copies of the whole
thereof have been
made,
that all such duplicates
or if made,
with the court.
or copies are included in the package deposited
the recordings
or
,
opened
be
not
shall
The package so deposited
ed, except
reveal
ts
conten
their
or
ce,
replayed, or used in eviden
d except
not be grante
upon order of the court, which shall
unity to be heard to
opport
upon motion, with due notice and
or communications
sation
conver
the person or persons whose
have been recorded.
SEC.
17.
Destruction
of
Computer
Data.
—
Upon
ons 13 and 15,
expiration of the periods as provided in Secti
as the case
ities,
author
t
cemen
enfor
law
service providers and
destroy the computer
may be, shall immediately and completely
nation.
data subject of a preservation and exami
Sec.
18. Exclusionary Rule.
without a valid warrant
or beyond
—
Any evidence procured
the authority
of the same
e any court or
shall be inadmissible for any proceeding befor
tribunal.
to Computer
Sec. 19. Restricting or Blocking Access
found to be
facie
prima
is
data
Data. — When a computer
shall issue
DOJ
the
Act,
this
of
sions
provi
in violation of the
an order
to restrict
or block
access
to such
computer
data.