The Computer and Cybercrimes Bill, 2016
(a)
such extension of real-time collection or recording of
traffic data is reasonably required for the purposes of an
investigation or prosecution;
(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 real-time
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
(f)
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; 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.
Interception of
content data.
27.
(1) Where a police officer or an authorised person has reasonable
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