PART 4
PROCEDURES
(b)
47
prejudice a criminal investigation or proceedings.
Securing or rendering inaccessible data under a computer warrant or
an urgent computer warrant
()
For the purposes of this section, expert means a person qualified in digital
forensics,
(2)
An authorised officer executing a computer warrant or an urgent computer
warrant may do whatever is necessary to secure or render inaccessible a
data storage medium, computer network or computer system if the police
officer suspects, on reasonable grounds, that:
(a) _ evidence of the commission of an offence may be accessible by
operating the data storage medium, computer network or computer
system; and
(b) _ expert assistance is needed to operate the data storage medium,
computer network or computer system; and
(c)
if the police officer does not take action under this subsection, the
evidence may be destroyed, altered or otherwise interfered with.
(G)
The police officer is to, by way of notice, notify the person who has
custody or control of the data storage medium, computer network or
computer system:
(4)
(a)
the intention of the police officer to secure or render inaccessible
the data storage medium, computer network and computer system;
and
(b)
that the data storage medium, computer network and computer
system may be secured or inaccessible for up to 28 days.
The data storage medium, computer network or computer system may be
secured or inaccessible until any of the following occurs:
(a)
(b)
(5)
28 days after the data storage medium, computer network or
computer system is first secured or rendered inaccessible; or
the data storage medium, computer network or computer system
has been operated by an expert,
The police officer may apply to the Court for an extension of the time
referred in paragraph (4)(a), if, the police officer believes, on reasonable
grounds, that the expert assistance will not be available within that time.
Cybercrime Act No. 22 af 2021
.
39
|