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
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any other matter that the Court considers relevant.
Cybercrime Act No. 22 of 2021
18