PART 4 PROCEDURES 17 (1) _ Production of computer data This section applies if a police officer makes an application to the Court that data held in a data storage medium, or a computer network or a computer system, or a printout or any other information, is reasonably necessary for a criminal investigation or a proceeding that involves a specified offence against the laws of Vanuatu or a serious offence against the laws of a foreign country. (2) The Court may order: {a) a person in control of the data storage medium, the computer network or the computer system to produce in a manner specified in the order a specified data or a printout or other intelligible output of that data; and (b) 3) a person who has access to a specified computer system process to compile the data held in the system and give it to a specified person, Prior to making an order under subsection (2), the Court must consider the following: (a) __ the seriousness of the offence to which the criminal investigation or proceeding relates; and (b) _ the reliability of the information on which the application is based, including the nature of the source of the information; and (c) whether the public interest in the production of data from the computer system or data storage medium outweighs the right to privacy of a person whose privacy may be affected as a result of the production; and (d) whether there is sufficient connection between the evidence sought and the offence to which the criminal investigation or proceeding relates; and (e) whether any condition should be included in the order; and @& any other matter that the Court considers relevant. Cybercrime Act No. 22 of 2021 18

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