Section II
HIPCAR – Cybercrime/e-Crimes
(2) If [law enforcement] [police] officer that is undertaking a search based on
Sec. 20 (1) has grounds to believe that the data sought is stored in another
computer system or part of it in its territory, and such data is lawfully
accessible from or available to the initial system, he shall be able to
expeditiously extend the search or similar accessing to the other system.
(3) A [law enforcement] [police] officer that is undertaking a search are
empowered to seize or similarly secure computer data accessed according to
paragraphs 1 or 2.
Assistance
Production
Order
21.
22.
Any person who is not a suspect of a crime but who has knowledge about the
functioning of the computer system or measures applied to protect the
computer data therein that is the subject of a search under section 20 must
permit, and assist if reasonably required and requested by the person
authorized to make the search by:
a.
providing information that enables the undertaking of measures
referred to in section 20;
b.
accessing and using a computer system or computer data storage
medium to search any computer data available to or in the system;
c.
obtaining and copying such computer data;
d.
using equipment to make copies; and
e.
obtaining an intelligible output from a computer system in such a
format that is admissible for the purpose of legal proceedings.
If a [judge] [magistrate] is satisfied on the basis of an application by a [law
enforcement] [police] officer that specified computer data, or a printout or
other information, is reasonably required for the purpose of a criminal
investigation or criminal proceedings, the [judge] [magistrate] may order that:
a.
a person in the territory of [enacting country] in control of a computer
system produce from the system specified computer data or a printout
or other intelligible output of that data; or
b.
an Internet service provider in [enacting country] to produce
information about persons who subscribe to or otherwise use the
service.
Expedited
Preservation
23.
If a [law enforcement] [police] officer is satisfied that there are grounds to
believe that computer data that is reasonably required for the purposes of a
criminal investigation is particularly vulnerable to loss or modification, the
[law enforcement] [police] officer may, by written notice given to a person in
control of the computer data, require the person to ensure that the data
specified in the notice be preserved for a period of up to seven (7) days as
specified in the notice. The period may be extended beyond seven (7) days if,
on an ex parte application, a [judge] [magistrate] authorizes an extension for a
further specified period of time.
Partial
Disclosure
of Traffic
Data
24.
If a [law enforcement] [police] officer is satisfied that data stored in a
computer system is reasonably required for the purposes of a criminal
investigation, the [law enforcement] [police] officer may, by written notice
given to a person in control of the computer system, require the person to
disclose sufficient traffic data about a specified communications to identify:
24
a.
the Internet service providers; and/or
b.
the path through which the communication was transmitted.
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