e24702_SN008
Translated from French
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shall be subject to the time limits and conditions set out in Articles 431-12 to 431-16 of
the Law on Cybercrime, starting from the date of cessation of the offending activity
online.
CHAPTER II: EXPEDITED PRESERVATION OF ARCHIVED
COMPUTERIZED DATA
Article 677-35
Where necessary for information purposes, in particular where there are grounds to
believe that computerized data archived in a computer system are particularly vulnerable
to loss or modification, the investigating judge may order any person to preserve and
maintain the integrity of the data in his possession or under his control for a maximum
period of two years, in order to facilitate judicial investigations.
The custodian of the data or any other person who is to preserve them shall keep them
confidential.
Any breach of confidentiality shall be punishable by the penalties applicable to the
offense of breach of professional secrecy.
CHAPTER III: SEARCH AND SEIZURE OF COMPUTER DATA
Article 677-36
Where data stored in a computer system or on a computerized-data storage medium in
Senegalese territory are needed in order to ascertain the truth, the investigating judge may
search or access a computer system or a part thereof or another computer system,
provided that such data are accessible from or available to the initial system.
If it is established in advance that such data, accessible from or available to the initial
system, are stored in another computer system situated outside the national territory, they
shall be collected by the investigating judge, subject to the access conditions set out in the
international agreements in force.
Article 677-37
Where the investigating judge discovers in a computer system stored data that are needed
in order to ascertain the truth, but seizure of the medium does not appear desirable, these
data, together with those necessary in order to understand them, shall be copied onto
computer storage media that can be seized and sealed.
Any person qualified to use the appropriate technical means shall be appointed by the
investigating judge to prevent access to the data referred to in the previous Article that
are in the computer system or copies of the data available to persons authorized to use the
computer system, and to ensure their integrity.
If the data relating to the offense, whether they are the object or the product thereof,
offend against ordre public or morality or constitute a threat to the integrity of computer