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Law library · Sierra Leone · 2 The Cyber Security qnd Crine Act 2021

Section 14, 2 The Cyber Security qnd Crine Act 2021

Status not yet checked2 The Cyber Security qnd Crine Act 2021, Sierra Leone

(l) Where there are reasonable grounds to believe thattaffic data associated with specified communications is reasonably required for the purposes ofa specific criminal investigation, a Judge ofthe High Court may, on an application by an enforcement officer or other authorised person, order a service provider rvith the capacitv to monitor, coliect and record to- (a) collecr or record traffic data in real-time;and (b) provide specified taffic data to an enforcement officer or other authorised person. (2) An Order for the real-time collection or recording of tramc data under sub-section (l) shall not be for a period beyond what is absolutely necessary and in any event for not more than 30 days. (3) A period ofreal-time collection orrecording ofrailic data under subsectioo (2) may be extended by a Judge of the High Court for a further reasonable specihed period oftime the same to be for an additional period of 30 days, on an application by an enforcement officer or other authorised pcrson, where the extension is reasonably required for the purposes of- (a) an investigation ol prosecution; (b) further real-tlme collection or recording of tramc data necessary to achieve the purpose for which the Order under sub-section (l) was made; (c) ensuring that the real-time collection or recording oftramc data is caried out whilst maintaining the privacy of other users, customers and third parties and lvithout the disclosure of information and data of any party not part of the investigation; No, 7 The Cyber Security and Cride Act 2021 lr (d) preventing the investigation of being frustrated or seriously prejudiced; and (e) averting overly burdensome cost of such extension on the person in tontrol of the computer system. (4) An application under subsection (l) shall state reasons explaining why it is believed that- (a) a traffic data sought will be available with the person in contol ofthe computer system; (b) atype oftrafiic data suspected will be found on that computer system; (c) the subject ofan investigation or prosecution may be found on that computer system; (d) an identified offence is an offence in respect of which the order is sought; (e) measures shall be taken to maintain the privacy of other users, customers and third parties; and (f) there will be no disclosure of data of any party not part ofthe invcstigation. (5) A Judge ofthe High Court may also require a seruice provider to keep confidential, an Order under subsection (l) and a \ ?rrant issued under subsection ( I ) of section I 0 . (6) A service provider who without reasonable excuse fails to comply with an Order under subsection (l) commits an offence and is liable on conviction to a fine not less than Le 100,000,000 and not mor€ han L€ 5,000,000,000. 9 No. 7 The Cyber Secutity arld Crime Act 2A2t lnterccption of content

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