Assistance
29.
(1) Any person, who is not a suspect of a crime or otherwise excluded
from an obligation to follow such order, but who has knowledge about the
functioning of the computer system or measures applied to protect the
computer data therein that is the subject of a search under section 28 must
permit, and assist if reasonably required and requested by the person
authorized to make the search by:
(a)
providing information that enables the undertaking of measures
referred to in section 28;
(b)
accessing and using a computer system or computer data storage
medium to search any computer data available to or in the system;
(c)
obtaining and copying such computer data;
(d)
using equipment to make copies; and
(e)
obtaining an intelligible output from a computer system in such a
format that is admissible for the purpose of legal proceedings.
Production
Order
30.
If magistrate is satisfied on the basis of an application by a law
enforcement officer or police officer that specified computer data, or a
printout or other information, is reasonably required for the purpose of a
criminal investigation or criminal proceedings, the magistrate may order
that:
(a)
a person in the territory of Kingdom of Lesotho in control of a
computer system produce from the system specified computer data or a
printout or other intelligible output of that data; or
(b)
an Internet service provider in Kingdom of Lesotho to produce
information about persons who subscribe to or otherwise use the service.
Expedited
preservation
Partial
Disclosure of
traffic data
31.
32.
If a police officer is satisfied that there are grounds to believe that
computer data that is reasonably required for the purposes of a criminal
investigation is particularly vulnerable to loss or modification, the law
enforcement or police officer may, by written notice given to a person in
control of the computer data, require the person to ensure that the data
specified in the notice be preserved for a period of up to seven (7) days as
specified in the notice. The period may be extended beyond seven (7)
days if, on an application a judge or magistrate authorizes an extension
for a further specified period of time.
If a police officer is satisfied computer data is reasonably required for the
purposes of a criminal investigation, the law enforcement or police officer
may, by written notice given to a person in control of the computer
system, require the person to disclose relevant traffic data about a
specified communications to identify:
(a)
the Internet service providers; and/or
(b)
the path through which a communication was transmitted.