2/ Without prejudice the provisions of this Part, for issues not clearly covered in this
law, the provisions of the Criminal Code and other relevant laws shall be applicable to
computer crimes.
22. Investigative Power
1/ The public prosecutor and police shall have joint power to investigate criminal acts
provided for in this Proclamation. And the public prosecutor shall lead the
investigation process.
2/ Where requested to support the investigation process, the Agency shall provide
technical support, conduct analysis on collected information, and provide evidences if
necessary.
23. Retention of Computer Data
1/ Without prejudice to any provision stipulated in other laws, any service provider
shall retain the computer data disseminated through its computer systems or data
relating to data processing or communication service for at least one year.
2/ The data shall be kept in secret unless a court or public prosecutor orders for
disclosure.
24. Real-time Collection of Computer Data
Without prejudice special provisions stipulated under other laws,
1/ to prevent computer crimes and collect evidence related information, the
investigatory organ may, request court warrant to intercept in real-time or conduct
surveillance, on computer data, data processing service, or internet and other related
communications of suspects, and the court shall decide and determine a relevant
organ that could execute interception or surveillance as necessary.
2/ Sub-article (1) of this Article shall only be applicable when there is no other means
readily available for collecting such data and this is approved and decided by the
Minister.
3/ Notwithstanding the provisions of sub-article (1) and (2) of this Article, the
Minister may give permission to the investigatory organ to conduct interception or
surveillance without court warrant where there are reasonable grounds and urgent
cases to believe that a computer crime that can damage critical infrastructure is or to
be committed.
4/ The Minister shall present the reasons for interception or surveillance without court
warrant under sub-article (3) of this Article to the President of the Federal High Court
within 48 hours, and the president shall give appropriate order immediately.
5/ Unless believed that it is necessary to conduct other criminal investigation, any
irrelevant information collected pursuant to sub-articles (1) to (4) of this Article shall
be destroyed immediately upon the decision of the Minister.