72
No. 5
Computer Misuse and Cybercrimes
2018
(c) the cost of the preservation is not overly
burdensome on the person in control of the
computer system.
(4) The person in possession or control of the
computer system shall be responsible to preserve the data
specified —
(a) for the period of notice for preservation and
maintenance of integrity or for any extension
thereof permitted by the court; and
(b) for the period of the preservation to keep
confidential any preservation ordered under this
section.
(5) Where the person in possession or control of the
computer system is a service provider, the service provider
shall be required to —
(a) respond expeditiously to a request for assistance,
whether to facilitate requests for police assistance,
or mutual assistance requests; and
(b) disclose as soon as practicable, a sufficient amount
of the non-content data to enable a police officer
or an authorised person to identify any other
telecommunications providers involved in the
transmission of the communication.
(6) The powers of the police officer or an authorised
person under subsection (1) shall apply whether there is
one or more service providers involved in the transmission
of communication which is subject to exercise of powers
under this section.
52. (1) Where a police officer or an authorised person
has reasonable grounds to believe that traffic data
associated with specified communications and related to
the person under investigation is required for the purposes
of a specific criminal investigation, the police officer or
authorised person may apply to the court for an order to —
(a) permit the police officer or authorised person to
collect or record through the application of
technical means traffic data, in real-time;
(b) compel a service provider, within its existing
technical capability —
Real-time
collection of
traffic data.