No. 5 76 Computer Misuse and Cybercrimes recording by the person in control of the computer system where necessary. (3) Where the court is satisfied with the grounds provided under subsection (2), the court shall issue the order applied for under subsection (1). (4) For purposes of subsection (1), the real-time collection or recording of content data shall not be ordered for a period that exceeds the period that is necessary for the collection thereof and in any event not for more than a period of nine months. (5) The period of real-time collection or recording of content data may be extended for such period as the court may consider necessary where the court is satisfied that — (a) such extension of real-time collection or recording of content data is required for the purposes of an investigation or prosecution; (b) the extent of real-time collection or recording of content data is proportionate and necessary for the purposes of investigation or prosecution; (c) despite prior authorisation for real-time collection or recording of content data, further real-time collection or recording of content data is necessary to achieve the purpose for which the warrant is to be issued; (d) measures shall be taken to prepare and ensure that the real-time collection or recording of content data is carried out while maintaining the privacy of other users, customers and third parties and without the disclosure of information and data of any party not part of the investigation; (e) the investigation may be frustrated or seriously prejudiced unless the real-time collection or recording of content data is permitted; and (f) the cost of such real-time recording and collection is not overly burdensome upon the person in control of the computer system. (6) The court may also require the service provider to keep confidential the order and execution of any power provided for under this section. 2018

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