48
Electronic Transactions
No. 33
(3) A warrant to enter, search and seize may be issued at any time
and shall__
(a) identify the premises or information system that may be
entered and searched; and
(b) specify which acts may be performed by a cyber inspector
in accordance with this Part.
(4) A warrant to enter and search shall be valid__
(a) subject to paragraph (d), until the warrant has been
executed;
(b) until the warrant is cancelled by the court which issued it;
(c) until the purpose for issuing the warrant has lapsed; or
(d) until one month has passed from the date on which the
warrant was issued.
(5) A warrant to enter and search premises may be executed only
during the day, unless the court that issued it authorizes that it may
be executed at any other time.
Unauthorized
access,
interception or
interference
with data
(6) Prohibition of disclosure of information to unauthorized
persons shall be governed by the following provisions__
(a) except for the purposes of this Act or for the prosecution of
an offence or pursuant to an order of a court, a person who has,
pursuant to any powers conferred under this Part, obtained access
to any information shall not disclose such information to any
other person; and
(b) any person who contravenes paragraph (a), commits an
offence and shall, upon conviction, be liable to a fine of
K 2,000,000 and to imprisonment for five years.
84.__(1) A person shall not gain unauthorized access to, or
intercept, or interfere with, data.
(2) The Minister shall, by regulations, come up with specific
cases where unauthorized access to, or interception of, or interference with, data may be permitted in specific conditions set out in
the regulations.
(3) Any person who intentionally accesses or intercepts any data
without authority or permission to do so, or who exceeds the
authorized access, commits an offence and shall, upon conviction,
be liable to a fine of K2,000,000 and to imprisonment for five years.
(4) Any person who intentionally and without authority to do so,
interferes with data in a way which causes such data to be modified,
destroyed or otherwise rendered ineffective, commits an offence
and shall, upon conviction, be liable to a fine of K2,000,000 and to
imprisonment for five years.