(i) it is not practical to seize or similarly secure the computer data; or
(ii) it is necessary to ensure that data will not be destroyed, altered or otherwise
interfered with;
(b) exercise reasonable care while the computer system or computer data storage
medium is retained.
(6) Any person who wilfully obstructs the lawful exercise of the powers under this section
or misuses the powers granted under this section commits an offence and is liable on conviction
to––
(a) in the case of an individual, a fine not exceeding $5000 or imprisonment for a term
not exceeding 2 years or both; and
(b) in the case of a body corporate, a fine not exceeding $10,000.
(7) In this section––
“decryption information” means information or technology that enables a person to
readily unscramble encrypted data into an intelligible format;
“encrypted data” means data which has been transformed from its plain text version to
an unintelligible format, regardless of the technique utilised for such
transformation and irrespective of the medium in which such data occurs or can be
found for the purposes of protecting the content of such data; and
“unencrypted version” means original data before it has been transformed into an
unintelligible format.
Real time collection of traffic data
23. ––(1) Upon an application made under oath or affidavit, a police officer or other
authorised person must demonstrate to the satisfaction of a judge or magistrate that there are
reasonable grounds to believe that traffic data associated with specified communications and
related to or connected with a person under investigation is reasonably required for the
purposes of a specific criminal investigation, a judge may issue a warrant requiring a service
provider, to––
(a) collect or record traffic data in real-time; and
(b) provide only the traffic data to the authorised person,
provided that such real-time collection or recording of traffic data must not be ordered for a
period beyond that which is absolutely necessary and in any event for a period not exceeding
90 days.
(2) When issuing a warrant under subsection (1), the judge or magistrate must be satisfied
that––
(a) the extent of interception is commensurate, proportionate and necessary for the
purposes of a specific criminal investigation or prosecution;
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