No. 5 74 Computer Misuse and Cybercrimes 2018 (b) the extent of real-time collection or recording of traffic data is commensurate, proportionate and necessary for the purposes of investigation or prosecution; (c) despite prior authorisation for real-time collection or recording of traffic data, additional real-time collection or recording of traffic data is necessary and needed to achieve the purpose for which the warrant is to be issued; (d) measures taken to prepare and ensure that the realtime collection or recording of traffic 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 traffic data is permitted; and (0 the cost of such preservation is not overly burdensome upon the person in control of the computer system. (6) A court may, in addition to the requirement specified under subsection (3) require the service provider to keep confidential the order and execution of any power provided under this section. (7) A service provider who fails to comply with an order under this section commits an offence and is liable on conviction — (a) where the service provider is a corporation, to a fine not exceeding ten million shillings; or (b) in case of a principal officer of the service provider, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. 53. (1) Where a police officer or an authorised person has reasonable grounds to believe that the content of any specifically identified electronic communications is required for the purposes of a specific investigation in respect of an offence, the police officer or authorised person may apply to the court for an order to— Interception of content data.

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