Section 15, 2 The Cyber Security qnd Crine Act 2021

(l) Where there are reasonable grounds to believe thatthe content ofa specifically identified electronic communications is reasonably required for the purposes of a specific investigation in respect ofa felonious offence, a Judge ofthe High Cout may, on an application by an enforcement ofiicer or other authoris€d person, order a service provider to- (a) collect or record; or (b) co-operate and assist a competent aulhority in the collection or recording of, content data of specified communication within the jurisdiction transmitted by means ofa computer system, in real time. (2) Aa Order for the real-time collection or recording of content data under sub-section (l) shall not be for a period beyond what is absolutely necessary and in any event not more than 30 days (3) An application under subsection (1) shall state reasons explaining why it is believed that - (a) L\e content data sought will be available with the person in controI ofthe computer system; (b) the R?e of content data suspected will be found on a computer system; (c) an identitied offence is lhe offence for which the warranl is sought; (d) funher disclosures are4eeded to achieve the purpose for which the \ "rrant is to be issued, where authority to seek real-time collection or recording on more than one occasion is needed; No. 7 The Cybet Securjty ahd Crime Act 2021 33 (e) measures taken shall be guided by regulations made pursuant to this Act which shall eusure that the real-time collection or recording is carried out whilst maintaining the p yacy of other users, customers and third parties without the disclosure of information and data of any party not part of the investigation; (0 the investigation may be frusftated or seriously prejudiced unless the real time collection or recording is permitted; (g) to achieve the purpose for which the warrant is being applied, real.time collection or recording by a person in control of a computer system is necessary; and (h) adequate provision is made to ensure the safe storage and protection of the content data obtained and be used solely for matters relating to iovestigations. (4) A period ofreal-time collection or recording ofcontent data under subsection (3) may be extended by a Judge ofthe High Court for a further reasonable specified period oftime the same to be for an additional period not more than 30 days, on an application by an enforcement ofTicer or other authorised person, where the extension is reasonably required for the purposes of- (a) an investigation or prosecution; (b) achieving the objective for which the warrant is to be issued; (c) ensuring that the real-time collection or recording ofcontent data is carri€d out l,hilst i4 No. 7 The Cyber Security and Crine Act 2021 Confidentiality and Limitation of Liability. maintaining the privacy of other users, customers and third parties and withoul the disclosure of information and data of any parr)* not pan of the investigation; (d) preventing an investigation from being frustrated or seriously prejudiced; and (e) averting overly burdensome cost ofsuch realtime recording and collection on the person in control ofthe computer system. (5) A Judge ofthe High Court may also require a service provider to keep confidential, an order made under subsection (l) and a warrant issued under subsection ( t ) of section 10. (6) The service provider shall have express right to challenge an order regarding the collection ofreal time content data where there is non-compliance with the provisions of,the Act by filling an application to a Judge ofthe High Court. (7) A sewice provider who fails to comply rvith an order under subsection (1) commits an offence and is liable on conviction to a fine not less than Le I00,000,000 and not more than Le 5,000,000,000.