VOLUME: II
CYBERCRIME AND COMPUTER RELATED CRIMES
Part ID: III
Procedural Powers (ss 20-28)
CHAPTER: 08:06
[Ch0806s20]20. Preservation order
(1) A
police officer or any person authorised by the Commissioner or by the Director,
in writing, may, by written notice, order for the preservation of data that has
been stored or processed by means of a computer or computer system or any other
information and communication technology, where there are reasonable grounds to
believe that such data is vulnerable to loss or modification.
(2)
For the purposes of subsection (1), data includes traffic data and subscriber
information.
[Ch0806s21]21. Disclosure of preserved data
A
police officer or any person authorised by the Commissioner or by the Director,
in writing, may, by written notice given to a person in control of a computer
or computer system, require the person to(a) ensure that the data specified in the
notice is preserved for the period specified in the notice; or
(b) disclose sufficient traffic data about a
specified communication to identify the service provider or the path through
which the data was transmitted.
[Ch0806s22]22. Production order
(1) A
police officer or any person authorised by the Commissioner or by the Director,
in writing, may apply to a judicial officer for an order compelling(a) a person to submit specified data in that
person’s possession or control, which is stored in a computer or computer
system; and
(b) a service provider to submit subscriber
information in relation to its services in that service provider’s possession
or control.
(2)
Where the data in subsection (1) consists of data stored in an electronic,
magnetic or optical form on a device, the request shall be deemed to require
the person to produce or give access to it in a form in which it can be taken
away and in which it is visible and legible.
[Ch0806s23]23. Access, search and seizure
(1)
Where a police officer, or any person authorised by the Commissioner or by the
Director, in writing, has reasonable grounds to believe that stored data or