The Computer and Cybercrimes Bill, 2016
Expedited
preservation
and
partial
disclosure of
traffic data.
25.
(1) Where a police officer or an authorised person has reasonable
grounds to believe that—
(a) any specified traffic data stored in any computer
system or computer data storage medium or by
means of a computer system is reasonably required
for the purposes of a criminal investigation; and
(b) there is a risk or vulnerability that the traffic data
may be modified, lost, destroyed or rendered
inaccessible,
the police officer or an authorised person shall serve a notice
on the person who is in possession or control of the
computer system, requiring the person to—
(i)
undertake expeditious preservation of such
available traffic data regardless of whether
one or more service providers were involved
in the transmission of that communication; or
(ii) disclose sufficient traffic data concerning any
communication in order to identify the service
providers and the path through which
communication was transmitted.
(2) The data specified in the notice shall be preserved and its integrity
shall be maintained for a period not exceeding the period specified in the
notice.
(3) The period of preservation and maintenance of integrity may be
extended for a period exceeding thirty days if, on an application by the
police officer or authorised person, the court is satisfied that—
(a)
an extension of preservation is reasonably required
for the purposes of an investigation or prosecution;
(b)
there is a risk or vulnerability that the traffic data
may be modified, lost, destroyed or rendered
inaccessible; and
(c)
the cost of the preservation is not overly burdensome
on the person in control of the computer system.
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