A.439
25. A police officer or any person authorised by the Commissioner
or by the Director-General, in writing, may, by written notice given
to a person in control of a computer or computer system, require the
person to —
(a) ensure that the data specified in the notice is preserved for the
period specified in the notice; or
(b) disclose sufficient traffic data about a specified communication
to identify the service provider or the path through which the
data was transmitted.
26. (1) A police officer or any person authorised by the Commissioner
or by the Director-General, in writing, may apply to a judicial officer
for an order compelling —
(a) a person to submit specified data in that person’s possession or
control, which is stored in a computer or computer system; and
(b) a service provider to submit subscriber information in relation to
its services in that service provider’s possession or control.
(2) Where the data in subsection (1) consists of data stored in an
electronic, magnetic or optical form on a device, the request shall be
deemed to require the person to produce or give access to it in a form in
which it can be taken away and in which it is visible and legible.
27. (1) Where a police officer, or any person authorised by the
Commissioner or by the Director-General, in writing, has reasonable
grounds to believe that stored data or information would be relevant
for the purposes of an investigation or the prosecution of an offence, he
or she may apply to a judicial officer for the issue of an order to enter
any premises to access, search and seize such data or information.
(2) A police officer or any person authorised by the Commissioner or
by the Director-General, in writing, in the execution of an order issued
under subsection (1), shall —
(a) seize or secure a computer or computer system or any information
and communication technology medium;
(b) make and retain a copy of such data or information;
(c) maintain the integrity of the relevant stored data or information;
(d) print, photograph, copy or make in any other manner for the
purpose of doing an act referred to in paragraph (a); or
(e) render inaccessible or remove the stored data or information
from the computer or computer system, or any information and
communication technology medium.
(3) A police officer or any person authorised by the Commissioner or
Director-General, in writing, in the execution of an order issued under
subsection (1), may order any person who has knowledge about the
functioning of the computer system or the measures provided under
subsection (2) to protect the data contained therein in order to provide,
as is reasonable, the necessary information to enable the undertaking of
the measures provided under subsection (2).
Disclosure of
preserved data
Production
order
Access, search
and seizure
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