PARTS
INTERNATIONAL COOPERATION
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Expedited preservation of stored computer data
A foreign country may request or otherwise obtain an expedited
preservation of data stored by means of a computer system, located within
the territory of Vanuatu and in respect of which the requesting foreign
country, foreign agency or any international agency intends to submit a
request for mutual assistance for the search or similar access, seizure or
similar securing, or disclosure of the data.
(2)
A request for expedited preservation made under subsection (1) must
specify the following:
(a) __ the authority seeking the preservation; and
(b) _
the offence that is the subject of a criminal investigation or
proceedings and a brief summary of the related facts; and
(c) __ the stored computer data to be preserved and its relationship to the
offence; and
(d)
any available information identifying the custodian of the stored
computer date or the location of the computer system; and
(8)
the necessity of the expedited preservation; and
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that the foreign country intends to submit a request for mutual
assistance for the search or similar access, seizure or similar
securing, or disclosure of the stored computer data.
(3)
Upon receiving a request under subsection (1), the Public Prosecutor must
take all appropriate measures to preserve expeditiously the specified data
in accordance with the procedures and powers provided under this Act.
(4)
Any expedited preservation effected in response to the request is to be for
a period not less than 60 days, in order to enable the foreign country to
submit a request for the search or similar access, seizure or similar
securing, or disclosure of the data and following the receipt of sucha
request, the data is to continue to be expedited preserved until a final .
decision is taken on that pending request.
(5)
Subsections (1) and (2) must apply mutatis mutandis when a request for
expedited preservation of stored computer data is done by Vanuatu,
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Expedited disclosure of preserved traffic data
In the course of executing a request under section 22 or otherwise in
relation to a serious offence in a foreign country, the law enforcement
Cybercrime Act No. 22 of 2021
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