systems or data relating to data processing or communication service for at
least one year.
2/
24.
The data shall be kept in secret unless a court or public prosecutor orders
for disclosure.
Real-time Collection of Computer Data
Without prejudice special provisions stipulated under other laws,
25.
1/
to prevent computer crimes and collect evidence related information, the
investigatory organ may, request court warrant to intercept in real-time or
conduct surveillance, on computer data, data processing service, or
internet and other related communications of suspects, and the court shall
decide and determine a relevant organ that could execute interception or
surveillance as necessary.
2/
Sub-article (1) of this Article shall only be applicable when there is no
other means readily available for collecting such data and this is approved
and decided by the Minister.
3/
Notwithstanding the provisions of sub-article (1) and (2) of this Article,
the Minister may give permission to the investigatory organ to conduct
interception or surveillance without court warrant where there are
reasonable grounds and urgent cases to believe that a computer crime that
can damage critical infrastructure is or to be committed.
4/
The Minister shall present the reasons for interception or surveillance
without court warrant under sub-article (3) of this Article to the President
of the Federal High Court within 48 hours, and the president shall give
appropriate order immediately.
5/
Unless believed that it is necessary to conduct other criminal investigation,
any irrelevant information collected pursuant to sub-articles (1) to (4) of
this Article shall be destroyed immediately upon the decision of the
Minister.
6/
Any service provider shall cooperate when requested to carry on activities
specified under sub-articles (1) and (3) of this Article.
7/
Without prejudice sub-article (5) of this Article, any information collected
in accordance with this Article shall be kept confidential.
Protection of Computer, Computer System or Infrastructure from Danger
1/
Where there are reasonable grounds to believe that a computer crime is to
be committed and it is necessary to prevent and control the crime, provide
early warning to citizens, to minimize the risks or for effectiveness of the
investigation, the Agency in collaboration with the investigatory organ,
may conduct sudden searches, conduct digital forensic investigation,
provide appropriate security equipment or take other similar measures on
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