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
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