No. 5
74
Computer Misuse and Cybercrimes
2018
(b) the extent of real-time collection or recording of
traffic data is commensurate, proportionate and
necessary for the purposes of investigation or
prosecution;
(c) despite prior authorisation for real-time collection
or recording of traffic data, additional real-time
collection or recording of traffic data is necessary
and needed to achieve the purpose for which the
warrant is to be issued;
(d) measures taken to prepare and ensure that the realtime collection or recording of traffic data is
carried out while maintaining the privacy of other
users, customers and third parties and without the
disclosure of information and data of any party not
part of the investigation;
(e) the investigation may be frustrated or seriously
prejudiced unless the real-time collection or
recording of traffic data is permitted; and
(0 the cost of such preservation is not overly
burdensome upon the person in control of the
computer system.
(6) A court may, in addition to the requirement
specified under subsection (3) require the service provider
to keep confidential the order and execution of any power
provided under this section.
(7) A service provider who fails to comply with an
order under this section commits an offence and is liable on
conviction —
(a) where the service provider is a corporation, to a
fine not exceeding ten million shillings; or
(b) in case of a principal officer of the service
provider, to a fine not exceeding five million
shillings or to imprisonment for a term not
exceeding three years, or to both.
53. (1) Where a police officer or an authorised person
has reasonable grounds to believe that the content of any
specifically identified electronic communications is
required for the purposes of a specific investigation in
respect of an offence, the police officer or authorised
person may apply to the court for an order to—
Interception of
content data.