73
2018

Computer Misuse and Cybercrimes

(i) to collect or record through application of
technical means traffic data in real time; or
(ii) to cooperate and assist a police officer or an
authorised person in the collection or recording
of traffic data, in real-time, associated with
specified communications in its jurisdiction
transmitted by means of a computer system.
(2) In making an application under subsection (1), the
police officer or an authorised person shall —
(a) state the grounds they believe the traffic data
sought is available with the person in control of
the computer system;
(b) identify and explain, the type of traffic data
suspected to be found on such computer system;
(c) identify and explain the subscribers, users or
unique identifier the subject of an investigation or
prosecution suspected as may be found on such
computer system;
(d) identify and explain the offences identified in
respect of which the warrant is sought; and
(e) explain the measures to be taken to prepare and
ensure that the traffic data shall be sought —
(i) while maintaining the privacy of other users,
customers and third parties; and
(ii) without the disclosure of data to any party not
part of the investigation.
(3) Where the court is satisfied with the explanations
provided under subsection (2), the court shall issue the
order provided for under subsection (1).
(4) For purposes of subsection (1), real-time collection
or recording of traffic data shall be ordered for a period not
exceeding six months.
(5) The court may authorize an extension of time
under subsection (4), if it is satisfied that —
(a) such extension of real-time collection or recording
of traffic data is reasonably required for the
purposes of an investigation or prosecution;

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