(a) the fact that the notice or order has been made;
(b) the details of the notice or order;
(c) anything done under the notice or order; or
(d) any data collected or recorded under the notice or order;
commits an offence and is liable, on conviction, to a fine of one hundred thousand dollars or to imprisonment for
two years or to both.
Remote forensic tools;
Schedule
27. (1) If a Judge is satisfied on ex parte application by a police officer, that there is reasonable ground to
believe that computer data which is required for the purpose of a criminal investigation into an offence listed in the
Schedule, cannot be collected without the use of a remote forensic tool, the Judge may authorise a police officer,
with such assistance as may be necessary, to utilize a remote forensic tool for the investigation.
(2) An application under subsection (1) shall contain the following information –
(a) the name and if possible, the address, of the person who is believed of committing the offence;
(b) a description of the targeted computer system;
(c) a description of the required tool, and the extent and duration of its utilization; and
(d) reason for the use of the tool.
(3) Where an application is made under subsection (1), the Judge may order that an internet service
provider support the installation of the remote forensic tool.
(4) Where a remote forensic tool is utilized under this
section –
(a) modifications to a computer system shall be limited to those that are necessary for the
investigation;
(b) modifications to a computer system shall be undone, so far as possible, after the investigation; and
(c) the following information shall be logged –
(i) the technical means 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 utilized
under this section shall ensure that any information obtained by the utilization of the remote forensic tool is
protected against modification, unauthorized deletion and unauthorized access.
(6) An authorization that is granted under this section shall cease to apply where –
(a) the computer data sought is collected;
(b) there is no longer any reasonable ground for believing that the computer data sought exists; or
(c) the conditions of the authorization are no longer present.
(7) The Minister may, by order published in the Gazette, amend the Schedule.
(8) For the purpose of this section, “utilize” includes –
(a) accessing a computer system;