No. 5
76
Computer Misuse and Cybercrimes
recording by the person in control of the computer
system where necessary.
(3) Where the court is satisfied with the grounds
provided under subsection (2), the court shall issue the
order applied for under subsection (1).
(4) For purposes of subsection (1), the real-time
collection or recording of content data shall not be ordered
for a period that exceeds the period that is necessary for the
collection thereof and in any event not for more than a
period of nine months.
(5) The period of real-time collection or recording of
content data may be extended for such period as the court
may consider necessary where the court is satisfied that —
(a) such extension of real-time collection or recording
of content data is required for the purposes of an
investigation or prosecution;
(b) the extent of real-time collection or recording of
content data is proportionate and necessary for the
purposes of investigation or prosecution;
(c) despite prior authorisation for real-time collection
or recording of content data, further real-time
collection or recording of content data is necessary
to achieve the purpose for which the warrant is to
be issued;
(d) measures shall be taken to prepare and ensure that
the real-time collection or recording of content
data is carried out while maintaining the privacy of
other users, customers and third parties and
without the disclosure of information and data of
any party not part of the investigation;
(e) the investigation may be frustrated or seriously
prejudiced unless the real-time collection or
recording of content data is permitted; and
(f) the cost of such real-time recording and collection
is not overly burdensome upon the person in
control of the computer system.
(6) The court may also require the service provider to
keep confidential the order and execution of any power
provided for under this section.
2018