10
12.
Disclosure of preserved data
The investigatory authority may, for the purposes of a criminal investigation or the
prosecution of an offence, apply to the Judge in Chambers for an order for the
disclosure of -
13.
(a)
all preserved data, irrespective of whether one or more service providers were
involved in the transmission of such data;
(b)
sufficient data to identify the service providers and the path through which the
data was transmitted; or
(c)
electronic key enabling access to or the interpretation of data.
Production order
(1)
(2)
14.
Where the disclosure of data is required for the purposes of a criminal
investigation or the prosecution of an offence, an investigatory authority may
apply to the Judge in Chambers for an order compelling –
(a)
any person to submit specified data in that person’s possession or control,
which is stored in a computer system; and
(b)
any service provider offering its services to submit subscriber information
in relation to such services in that service provider’s possession or control.
Where any material to which an investigation relates consists of data stored in a
computer, disc, cassette, or on microfilm, or preserved by any mechanical or
electronic 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.
Powers of access, search and seizure for the purposes of investigation
(1)
Where an investigatory authority has reasonable grounds to believe that stored
data would be relevant for the purposes of an investigation or the prosecution of
an offence, it may apply to a Judge in Chambers for the issue of a warrant to
enter any premises to access, search and seize such data.
(2)
In the execution of a warrant under subsection (1), the powers of the
investigatory authority shall include the power to -