foreign agency or international agency to submit a request for the search or similar access,
seizure or similar securing, or disclosure of the data and following the receipt of such a request,
the data must continue to be preserved until a final decision is taken on that request.
Expedited disclosure of preserved traffic data
30. Where during the course of executing a request under this Act with respect to a specified
communication, the investigating agency discovers that a service provider in another State was
involved in the transmission of the communication, the Attorney-General or 24/7 network,
must expeditiously disclose to the requesting foreign government, foreign agency or
international agency a sufficient amount of traffic data to identify that service provider and the
path through which the communication was transmitted.
Mutual assistance regarding accessing of stored computer data
31. ––(1) Subject to any limitations specified by the Government, a foreign government,
foreign agency or international agency may request the investigation agency to search or
similarly access, seize or similarly secure, and disclose data stored by means of a computer
system located within Fiji, including data that has been preserved pursuant to section 29.
(2) A request for mutual assistance regarding accessing of stored computer data must as far
as practicable––
(a) give the name of the authority conducting the investigation or proceeding to which
the request relates;
(b) give a description of the nature of the criminal matter and a statement setting-out a
summary of the relevant facts and laws;
(c) give a description of the purpose of the request and of the nature of the assistance
being sought;
(d) in the case of a request to restrain or confiscate assets believed on reasonable grounds
to be located in Fiji, give details of the offence in question, particulars of any
investigation or proceeding commenced in respect of the offence, and be accompanied
by a copy of any relevant restraining or confiscation order;
(e) give details of any procedure that the requesting State wishes to be followed by Fiji
in giving effect to the request, particularly in the case of a request to take evidence;
(f) include a statement setting out any requirements of the requesting State concerning
any confidentiality relating to the request and the reasons for those requirements;
(g) give details of the period within which the requesting State wishes the request to be
complied with;
(h) where applicable, give details of the property, computer, computer system or
electronic device to be traced, restrained, seized or confiscated, and of the grounds
for believing that the property is believed to be in Fiji;
(i) give details of the stored computer data, data or program to be seized and its
relationship to the offence;
(j) give any available information identifying the custodian of the stored computer data
or the location of the computer, computer system or electronic device;
(k) include an agreement on the question of the payment of the damages or costs of
fulfilling the request; and
(l) give any other information that may assist in giving effect to the request.
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