Electronic Transactions Act, 2008
Act 772
Backup preservation
104. (1) A Court may order that an electronic communication provider
shall create a backup copy of the contents of the electronic communications
sought to be preserved on application by a law enforcement agency and
the electronic communication provider shall, without notifying the
subscriber or customer of the order, create the backup copy and shall confirm to the law enforcement agency that the backup copy has been made.
(2) The law enforcement agency shall within three days after
receipt of the confirmation of the creation of the backup, notify the subscriber or customer of the Court order and compliance by the provider.
(3) The provider shall not destroy the backup copy until the
delivery of a copy of the backup information to the agency or the determination of the trial in respect of which the back-up application was sought.
(4) Unless notice to vacate the Court order is obtained by the subscriber or customer and served upon the law enforcement agency and the
provider, the provider shall release the backup copy to the requesting law
enforcement agency fourteen days after receipt of the order for the creation
of the backup copy.
Customer challenge
105. A subscriber or customer may apply to a Court to vacate an order
obtained under this Act by a law enforcement agency at any time after
notice if the Court orders.
Inadmissible evidence
106. Where a Court varies, quashes or modifies an order for disclosure
obtained by a law enforcement agency, evidence obtained solely on the
basis of that order and not from another independent source is inadmissible in civil, criminal or administrative proceedings.
Cyber offences
Stealing
107. Section 124 of the Criminal Offences Act 1960 (Act 29) on
stealing applies with the necessary modification
(a) to any thing done using an electronic processing or procuring
procedure system whether or not the appropriation was by
use of an electronic processing procedure, and
(b) to any thing whether or not the medium used in the receiving
in whole or in part was an electronic record.
Appropriation
45