PART 4
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PROCEDURES
Measures to control retention of seized data storage medium,
computer network or computer system
A police officer who seizes a data storage medium, computer network or a
computer system under a computer warrant or an urgent computer warrant,
must, take reasonable steps to reduce the need for extended retention of
data storage medium, computer network or computer system as evidence
by doing any of the following as soon ay practicable:
(a)
arranging for the data storage medium, computer network or
computer system, or part thereof, to be copied; or
(b)
arranging for any necessary test or examination of the data storage
medium, computer network or computer system; or
(c} _ gathering any other available secondary evidence in relation to the
data storage medium, computer network or computer system.
(2)
Despite subsection (1), a police officer may retain the data storage
medium, computer network or computer system for a reasonable time if
the police officer believes, on reasonable grounds, that it is necessary to do
so to prevent the commission of an offence.
Destruction of certain data seized under a computer warrant or an
urgent computer warrant
If the Commissioner is satisfied that data accessed or copied under a computer
warrant or att urgent computer warrant is no longer useful for law enforcement
purposes, the Commissioner must arrange for the destruction of the data, and any
reproduction, under the control of the Vanuatu Police Force.
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53
q)
Prohibition on disciosure of information, records and data
A person who obtains information, extracts, records or data pursuant to a
request, order or warrant under this Part must not knowingly disclose in
whole or in part the information, extracts, records or data otherwise in the
performance of his or her duties,
(2)
A person who conttavenes subsection (1), commits an offence and is liable
:
on conviction:
(a)
{b) _
in the case of an individual- to a fine not exceeding VT1,000,000,
or a term of imprisonment not exceeding 3 years, or both; or
in the case of a body corporate- to a fine not exceeding
VT2,000,000.
Cybererime Act No. 22 of 2021
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