35 Partial disclosure of traffic data
(1) A magistrate may, on an application by a police officer, in the prescribed form, that there
are reasonable grounds to suspect or believe that the content of specified electronic communications
is required for the purposes of a criminal investigation, order a service provider operating in
Zimbabwe or authorize the police officer, to collect or record or to permit or assist the police officer
to collect or record, through the use of appropriate technological means, the data associated with
specified communications transmitted by the service provider.
(2) Subsection (3) of section 33 shall apply mutatis mutandis to an application in terms of
this section.
36 Collection of traffic data
(1) A magistrate may, on an application by a police officer in the prescribed form, that in an
investigation relating to or concerning an offence listed in subsection (10) or as may be prescribed,
there are reasonable grounds to believe that essential evidence cannot be collected in any other way
provided for in this Part but is reasonably required for the purposes of a criminal investigation,
authorize the police officer to utilize remote forensic tools and such application shall be supported
by an affidavit stating-(a) the name and address of the suspect;
(b) the description of the targeted computer system,
(c) the description of the intended measures and the extent and duration of the use of the remote
forensic tools, and
(d) the reasons for the proposed use of the remote forensic tools.
(2) It shall be a condition of the authorization that the investigation shall ensure that
modifications to the computer system of the suspect are limited to those modifications essential for
the investigation.
(3) During the conduct of the investigation, the police officer shall record-(a) the technical means used and the time and date of such use;
(b) the identity of the computer system and details of the modifications undertaken during the
investigation; and
(c) any information obtained;
(4) Information or data obtained by the use of such tool shall be protected against any
modification, unauthorized deletion and unauthorized access.
(5) The duration of authorization in terms of this section shall not exceed three months.
(6) The authorization to install the tool shall include remotely accessing the targeted computer
system.
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