information would be relevant for the purposes of an investigation or the
prosecution of an offence, he or she may apply to a judicial officer for the
issue of an order to enter any premises to access, search and seize such data
or information.
(2) A
police officer or any person authorised by the Commissioner or by the Director,
in writing, in the execution of an order issued under subsection (1), shall(a) seize or secure a computer or computer
system or any information and communication technology medium;
(b) make and retain a copy of such data or
information;
(c) maintain the integrity of the relevant
stored data or information;
(d) print, photograph, copy or make in any
other manner for the purpose of doing an act referred to in paragraph (a);
and
(e) render inaccessible or remove the stored
data or information from the computer or computer system, or any information
and communication technology medium.
[Ch0806s24]24. Real time collection of traffic data
A
police officer or any person authorised by the Commissioner or by the Director,
in writing, may apply to a judicial officer, ex parte, for an order(a) for the collection or recording of traffic
data, in real time, associated with specified communications transmitted by
means of any computer or computer system; or
(b) compelling a service provider, within its
technical capabilities, to(i) effect such collection and recording
referred to in subparagraph (a); or
(ii) assist the Police, to effect such
collection and recording.
[Ch0806s25]25. Deletion order
The
Director of Public Prosecutions, or any person authorised by him or her, may
apply to a judicial officer for an order that data in a computer or computer
system or other information communication technology medium which contains
pornography, obscene material or child pornography(a) be no longer stored on and made available
through the computer or computer system or any other medium; or
(b) be deleted or destroyed.
[Ch0806s26]26. Acting without an order
A
police officer of the rank of sergeant or above such rank may act without
applying for an order under this Act if such application would result in an
undue delay in the investigation of any offence under this Act.
[Ch0806s27]27. Limited use of disclosed data and