PART4
PROCEDURES
Division 2
Preservation Order
18
Preservation order
(1)
The Commissioner may, for the purposes of.retaining computer data,
including traffic data or content data, in a person’s possession or control,
apply to Court for a preservation order,
(2)
The Court may grant a preservation order if it is satisfied on reasonable
grounds that the preservation of the computer data is reasonably necessary
for law enforcement purposes or for a criminal investigation or proceeding
involving a serious offence against a law of a foreign country.
(3)
A preservation order:
(4)
(a)
comes into force when the service provider receives it; and
(b)
remains in force for the period stated in the preservation order or
until revoked by the Court under section 19.
A preservation order must not remain in force for a period exceeding 90
days.
(5)
Despite subsection (4), if the Court is satisfied that more time is needed to
obtain what is required under the preservation order, the Court may extend
the period for. which the preservation order is in force, for another 90 days.
(6)
A person issued with a preservation order must keep the order and all
information in the order confidential.
(7)
A person who, without reasonable excuse fails:
(a)
(b)
to comply with an order granted under subsection (2); or
to keep all information about the order confidential as provided
under subsection (6),
commits an offence and is punishable on conviction:
@
in the case of an individual-to a fine not exceeding
VT1,000,000, or to a term of imprisonment not exceeding 3
years, or both; or
(ii)
in the case of a body corporate-to a fine not exceeding
VT2,000,000.
Cybercrime Act No. 22 of 2021
19