Section 12, 2 The Cyber Security qnd Crine Act 2021

(l) Where it is necessary or desirable for the purposes producrionofan investigation under this Act, a Judge ofthe High Court may Order. upon an application by an enforcement officer or other authorised person, order- (a) a person in possession or control of specified data stored in a computer system oI a computer data storage medium; or (b) a service provider in possession or control of specihed subscriber information relating to services offered - No. 7 The Cyber Secllrily ahd Crime Act 2021 O in Sierra [€one; or (D based outside Sien-d Leone but, offering is services in Sierra [rone; to submit information in his possession or control. (2) A Judge of the High Cout may, by order, requirc a person- (a) to whom an order is made under subsection (l),or O) in control ofa computer system, to whom a warant is issued under subsection (l) of section l0; to keep such order or \yarrant confidential (3) A person who fails to comply with an order under subsection (l) commits an offence and is liable on conviction to a fine not less than Le 5,000,000 and not more than Le 30,000.000 orto a term of imprisonment not less than 6 months and not more than 3 years or to both such fine and imprisonment and for a corporation partnership or associationnot less than Le 100,000,000 and not more $an Le250,000,000. (4) An enforcement officer or other authorised person who uses the powers granted under subsection (1) for a purpose other than that stated in section 10 commits an offence and is liable on conviction to a fine not less than Le 10,000,000 and not more than Le 50,000,000 or to a term of imprisonment not less than I year and not more than 5 years or to both such fine and imprisonment. (5) An application under subsection (l) shall state the reasons explaining why it is believed that- No.7 The Cyber Secwity dhd Clime ict 2021 n (a) a specified computer data sought is likely to be available with a person mentioned in subparagraph (a) or (b) ofsubsection ( 1); (b) an investigation may be frustrated or seriously prejudiced unless the specified computer data or the subscriber information, as the ca-se may be, is produced; (c) the type of evidence suspected is likely to be produced by a person mentioned in subparagraph (a) or (b) ofsubsection (l); (d) subscribers, users or unique identifiers who ar€ the subject of an investigation or prosecution, may be disclosed as a result of the production of the specified computer data; (e) an identified offence is an offence in respect ofwhich the order is sought; (0 measures taken shall prepare and ensure that the spec ified computer data ivi ll be ptoduced- (i) whilst maintaining the privacy ofother users, customers and third parties; and (ii) without the disclosure of dats of any party who is not part of the investigation; and G) measures taken shall prepare and ensure that the produaion ofthe specified computer data is carried out tkough technical means such as mirroring or copying ofrelevant data and not through physical custody of computer systems or deYices. a No. ? The Cyber Secwity and Cti e lcl 2021 Expedited Prctervation end Partial Disclosure of Traftlc Data. (O Notwithstanding the provision of sub-section (1) above, a service provider or a person in possession or conffol of relevant specified data shall have the right to apply to the Judge of the High Cout to challenge the issuance ofaproduction order issued under this section on the ground ofrelevance, privilege, capacity to implement provisions of the order or otherwise protected from disclosure by law, or non-satisfaction of the requirements in subsection (5) of this Section. 13, (l) An enforcement omcer or otler authorised person may, \vhere he is satisfied that- (a) a specified computer data stored in a computer system or computer data storage medium is reasonably required for the purposes ofa criminal investigation: and (b) there is a risk or vulnerability that the computer data may be modified, lost, destroyed or rendered inaccessible, by u,ritten notice given to a person in possession or control of the computer system or computer data storage medium, require that person to undertake expeditious preservation ofthe conputer data. Q) A notice under subsection (l) may require a person in possession or conEol of the computer system or conlputer data storage medium to disclose sufficient traffic data about the communication to identify- (a) the service providers; and (b) the path though which the communication was transmitted. (3) The period of preservation of data required under subsection (l ) shall be for a period not exceeding 30 days. No.7 The Cyber Securiry and Crime Act 2021 D (4) The period ofpreservation of data under subsection (3 ) may be extended by a Judge ofthe High Court for a fifther specified period oftime, on an application by an enforcement officer or other authorised person, where such extension is reasonably required for the purposes of- (a) an investigation or prosecution: (b) avoiding a risk or vulnerability that the computer data may be modified, Iost, deskoyed or rendered inaccessible; or (c) averting overly burdensome cost of such preservation on the person in control of the computer system. (5) given shall- A person to whom a notice under subsection (l) is (a) be respcnsible to preserve the data for - @ a period not exceeding 30 days as specified in subsection (3); or (ii) any extended period permitted by a Judge of the High Court und€r subsection (4). (b) respond expeditiously to requests for assistance, whether to fucilitate requests for police assistance or mutual assistance requests, and (c) disclose {u soon as practicable, a sufficienl amount ofthe nonrontent data to enable an enforcement officer or other authorised person to identiry any other telecommunications providers involved in the Eansmission of the communication. 30 No. ? The Cyber Secuity and Crihe Act ).021 Real-Ti e Collection of rraffic Data.