The Computer and Cybercrimes Bill, 2016
any party not part of the investigation;
(f) state how the investigation may be frustrated or seriously
prejudiced unless the real time collection or recording is
permitted; and
(g)
state the manner in which they shall achieve the objective
of the warrant, real time collection or recording by the
person in control of the computer system where
necessary.
(3) Where the court is satisfied with the explanations provided under
subsection (2), the court shall issue the order applied for under subsection
(1).
(4) For purposes of subsection (1), the real-time collection or recording
of content data shall not be ordered for a period that exceeds the period
that is necessary for the collection thereof and in any event not for more
than a period of nine months.
(5) The period of real-time collection or recording of content data may
be extended for such period as the court may consider necessary where
the court is satisfied that—
(a)
such extension of real-time collection or recording
of content data is required for the purposes of an
investigation or prosecution;
(b)
the extent of real-time collection or recording of
content data is proportionate and necessary for the
purposes of investigation or prosecution;
(c)
despite prior authorisation for real-time collection
or recording of content data, further real-time
collection or recording of content data is necessary
to achieve the purpose for which the warrant is to
be issued;
(d)
measures shall be taken to prepare and ensure that
the real-time collection or recording of content 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
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