THE OFFICIAL GAZETTE [Lecat Supplement]
A.D. 2018]
—
A
13™ AUGUST, 2018
CYBERCRIME ACT 2018
305
[No. 16
order that a person or a service provider support the installation of the remote
forensic tool.
(4) Where a remote forensic tool is utilised under this section —
(a)
modifications
to a computer
system
shall be limited to
those that are necessary for the investigation;
(b)
modification to a computer system shall be undone, so far
as possible, after the investigation; and
(c)
the police officer authorised under subsection (1) shall, as
soon as possible thereafter, prepare a record of —
(i) the remote forensic tool used;
(ii) the time and date of the application;
(iii) the identification of the computer system and details
of the modification undertaken; and
(iv)
the information obtained.
(5) The police officer responsible for a criminal investigation in which
a remote forensic tool is utilised under this section shall ensure that any
information obtained by the utilisation of the remote forensic tool is protected
against modification, unauthorised deletion and unauthorised access.
(6)
An authorisation that is granted under this section shall cease to
apply where -
(a)
the electronic data sought is collected;
(b)
there is no longer any reasonable ground for believing that
the electronic data sought exists; or
(c)
(7)
the conditions of the authorisation are no longer present.
For the purposes of this section, “remote forensic tool” means an
investigative
software or hardware
installed on or attached to a computer
system that is used to perform a task.
Order for payment of
compensation.
39.
(1) Where a person is convicted of an offence under this Act and
the court is satisfied that another person has suffered loss or damage because
of the commission of the offence, the court may, in addition to any penalty
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