A.440
Real time
collection of
content or
traffic data
Deletion order
Acting without
an order
Limited use
of disclosed
data and
information
28. A police officer or any person authorised by the Commissioner
or by the Director-General, in writing, may apply to a judicial officer,
ex-parte, for an order —
(a) for the collection or recording of content or traffic data, in real time,
associated with specified communications transmitted by means
of a computer or computer system; or
(b) compelling a service provider, within its technical capabilities, to —
(i) effect such collection and recording referred to in paragraph
(a), or
(ii) assist the person making the application to effect such
collection and recording.
29. The Director of Public Prosecutions, or any person authorised by
him or her, in writing, may apply to a judicial officer for an order that data
in a computer or computer system or other information communication
technology medium which contains pornography, obscene material or
child pornography be —
(a) no longer stored on and made available through the computer or
computer system or any other medium; or
(b) deleted or destroyed.
30. A police officer of the rank of sergeant or above such rank may
carry out the powers conferred on him or her under this Act without
applying for an order under this Act if such application would result in
an undue delay in the investigation of any offence under this Act.
31. (1) Data obtained under this Act by a police officer, or any person
authorised by the Commissioner or by the Director-General, in writing,
shall be used for the purpose for which the data was originally sought,
unless such data is sought in —
(a) accordance with any other enactment;
(b) compliance with an order of court;
(c) the prevention of injury or other damage to the health of a person
or serious loss of or damage to property; or
(d) the public interest.
(2) Subject to subsection (3), on receipt of a request, in writing, a
police officer or any person authorised by the Commissioner or by the
Director-General shall permit a person who had the custody or control
of a computer or computer system to access and copy computer data on
the computer or computer system.
(3) A police officer or any person authorised by the Commissioner or
by the Director-General, in writing, may refuse to give access to
computer data or provide copies of such computer data if he or she
has reasonable grounds for believing that the giving of access or the
provision of copies —
(a) would constitute a criminal offence; or
(b) would prejudice —
(i) the investigation in connection with which the search was
carried out,
(ii) another ongoing investigation, or
(iii) any criminal proceedings that are pending or that may be
brought in relation to any of those investigations.
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