Summary of the Provisions of the Model Law \ 3
Summary of the
Provisions of the
Model Law
The Model Law is in three Parts. Part I contains in section 3 the important definitions
of ‘computer data’, ‘computer system’, ‘service provider’ and ‘traffic data’ together
with an additional definition of ‘computer data storage medium’. Section 4 of the
Model Law deals with the jurisdiction of the enacting state.
Part II of the Model Law (sections 5-10) is concerned with substantive criminal law
and the creation of offences. The offences relate to illegal access, interfering with
data, interfering with a computer system, the illegal interception of data, illegal
devices and child pornography using a computer system or a computer data storage
medium. The Model Law does not cover computer-related forgery or fraud.
Part III of the Model Law (sections 11 to 21) deals with ‘procedural law’. It contains
provisions as to search and seizure warrants, the obligation to assist the police,
recording and access to seized data, the production of data, the disclosure of stored
traffic data, the preservation of data, the interception of electronic communications
and the interception of traffic data, with provisions as to evidence, confidentiality and
the limitation of liability together with the necessary definitions.