(b) there is a risk or vulnerability that the specified traffic data may be modified, lost,
destroyed or rendered inaccessible; and
(c) the cost of such preservation is not overly burdensome on the person in possession
or control of the computer system.
(3) A service provider who is served a notice must keep the notice and all information about
it confidential, unless expressly permitted by the senior police officer or the judge granting
authorisation under subsection (2).
(4) A service provider under subsection (3) must––
(a) respond expeditiously to requests for assistance; and
(b) disclose as soon as practicable, a sufficient amount of traffic data to enable a police
officer or other authorised person to identify any other service provider involved in
the transmission of the communication.
(5) The powers of the police officer or other authorised person under subsection (1) apply
whether there is one or more service providers involved in the transmission of communication
which is subject to the exercise of powers under this section.
(6) A service provider who contravenes this section commits an offence and is liable on
conviction to––
(a) in the case of an individual, a fine not exceeding $10,000 or imprisonment for a
term not exceeding 7 years or both; and
(b) in the case of a body corporate, a fine not exceeding $100,000.
Production order
21. ––(1) If on an application made under oath and affidavit, a police officer or other
authorised person demonstrates to the satisfaction of a judge or magistrate that there exist
reasonable grounds to believe that––
(a) specified computer data stored in a computer system or a computer data storage
medium in the possession or control of a person in Fiji; or
(b) specified subscriber information relating to services offered in Fiji are in that
service provider’s possession or control which is necessary or desirable for the
purposes of any investigation,
the judge may order––
(i) such person in Fiji to submit the specified computer data in that person’s possession or
control, which is stored in a computer system or a computer data storage medium; or
(ii) such a service provider offering its services in Fiji to submit subscriber information
relating to such services in that service provider’s possession or control.
(2) In this section, “subscriber information” means any information contained in the form
of computer data or any other form that is held by a service provider, relating to subscribers of
its services other than traffic data or content data and which can be established by––
(a) the type of communication service used and the period of service;
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