(4)
The period specified for an order granted pursuant to sub-section (1) may
be extended, upon an application by the applicant for a further of thirty days or
period as may be specified in the order.
Disclosure of preserved data order
20. For the purposes of a criminal investigation or the prosecution of an
offence, upon evidence sworn to by a police officer of the rank of Inspector, or
above an application may be made to a Judge in Chambers for an order for the
disclosure of–
(a) any preserved data, irrespective of whether one or more service
providers were involved in the transmission of the data;
(b) sufficient data to identify the service providers and the path
through which the data was transmitted; or
(c) the electronic key enabling access to or the interpretation of
data.
Production order
21. (1) If the disclosure of data is required for the purpose of a criminal
investigation or the prosecution of an offence, a police officer not below the
rank of Inspector shall make a request of–
(a) a person to submit specified data in that person’s possession or
control, which is stored in an electronic system;
(b) a service provider offering its services to submit subscriber
information in relation to the services in that service provider’s
possession and control.
(2)
Where any material to which an investigation relates consists of data
stored in an electronic system, disc, cassette, or on microfilm or preserved by
any mechanical or electronic device, the request shall be deemed to require the
person to produce or give access to it in a form in which it can be taken away
and in which it is visible, audible or legible.
(3
A person or service provider who refuses to produce the information
under subsection (1) commits an offence and is liable on summary conviction
to a fine not exceeding one hundred thousand dollars.
Powers of access, search and seizure for the purpose of investigation
22. (1) Upon evidence sown by a police officer not below the rank of Inspector,
that stored data would be relevant for the purposes of an investigation or the
prosecution of an offence, the police officer may apply to a Judge in Chambers
for the issue of a warrant to enter any premises to access, search and seize
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