Cybercrime Code
Division 3. - Powers of Investigation.
39.
AUTHORISED INTERCEPTION.
40.
COLLECTION
Where, on application by a member of the Police Force or the Public Prosecutor, as the case may be,
the Court is satisfied upon sworn evidence that there are sufficient grounds to suspect that data or
communication is reasonably required for the purposes of an investigation or proceeding, the Court shall (a)
order an ICT Service Provider whose service is available in the country to collect or record
through application of technical or other means, to permit or assist a member of the Police
Force with the collection or recording of data or communication associated with specified
communications transmitted by means of an electronic system or device; or
(b)
authorise a member of the Police Force to collect or record that data through application of
technical or other means.
OF TRAFFIC
DATA.
Where, on application by a member of the Police Force or the Public Prosecutor, as the case may be,
the Court is satisfied upon sworn evidence that traffic data associated with a specified communication is
reasonably required for the purposes of an investigation or proceeding, the Court may order a person in
control of such data to (a)
collect or record traffic data associated with a specified communication during a specified
period; or
(b)
enable and assist a member of the Police Force to collect or record that data.
41.
FORENSIC TOOLS.
(1)
In an investigation of an offence under this Act, if relevant evidence cannot be collected by
applying other instruments under this Part, then the Court, on application by a member of the Police Force
or the Public Prosecutor, as the case may be, on being satisfied upon sworn evidence that such evidence is
reasonably required for the purposes of an investigation or proceeding, authorise a member of the Police
Force to -
(a)
install such software or hardware on the suspect’s electronic system or device in order to
(b)
collect the relevant evidence; and
use aremote forensic software or hardware,
only for the specific task required for the investigation.
(2)
The authorisation to install the software or hardware may include remotely accessing the
suspect’s electronic system or device.
(3)
The application under Subsection (1) shall contain the following information:
(a)
the name and address of the suspect; and
(b)
description of the targeted electronic system or device; and
(c)
(d)
description of the intended measure, extent and duration of the utilisation;
the grounds for the use of such software or hardware.
and
(4)
An order made under Subsection (1) shall include a requirement that any modifications to the
electronic system or device of the suspect are limited to those relevant to the investigation and that any
changes if possible can be undone at the end of the investigation.
(5)
During the investigation it is necessary to record (a)
the technical means used and the time and date of the application;
(b)
(c)
and
the identification of the electronic system or device and details of its modifications;
any information obtained.
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