Part III \ 11
NOTE: If the existing search and seizure provisions contain a description of the content of
the warrant, either in a section or by a form, it will be necessary to review those provisions
to ensure that they also include any necessary reference to computer data.
Assisting Police
13. (1)
person who is in possession or control of a computer data storage
A
medium or computer system that is the subject of a search under section
12 must permit, and assist if required, the person making the search to:
(a) access and use a computer system or computer data storage medium
to search any computer data available to or in the system;
(b) obtain and copy that computer data;
(c) use equipment to make copies; and
(d) obtain an intelligible output from a computer system in a plain text
format that can be read by a person.
(2)
A person who fails without lawful excuse or justification to permit or assist
a person commits an offence punishable, on conviction, by imprisonment
for a period not exceeding [period], or a fine not exceeding [amount],
or both.
NOTE: A country may wish to add a definition of “assist” which could include providing
passwords, encryption keys and other information necessary to access a computer. Such
a definition would need to be drafted in accordance with its constitutional or common law
protections against self-incrimination.
Record of and access to seized data
14. (1)
I f a computer system or computer data has been removed or rendered
inaccessible, following a search or a seizure under section 12, the person
who made the search must, at the time of the search or as soon as
practicable after the search:
(a) make a list of what has been seized or rendered inaccessible, with the
date and time of seizure; and
(b) give a copy of that list to:
(2)
i.
the occupier of the premises; or
ii.
the person in control of the computer system.
Subject to subsection (3), on request, a police officer or another
authorized person must:
(a) permit a person who had the custody or control of the computer
system, or someone acting on their behalf to access and copy
computer data on the system; or
(b) give the person a copy of the computer data.
(3)
The police officer or another authorized person may refuse to give access
or provide copies if he or she has reasonable grounds for believing that
giving the access, or providing the copies:
(a) would constitute a criminal offence; or
(b) would prejudice:
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