Law library · Sierra Leone · 2 The Cyber Security qnd Crine Act 2021
Section 28, 2 The Cyber Security qnd Crine Act 2021
Status not yet checked2 The Cyber Security qnd Crine Act 2021, Sierra Leone
(l) A foreign state may request the search, access, secureor disclosure ofdata stored by means ofa cornputer system located
within Sierra Leone, including data that has been preserved under
section 26.
(2) When making a request undel subsection (l), the
foreign state shall provide adequate information on the following-
(a) the name of the authority conducting the
investigatioo or prosecution to which the
request relates;
(b) a description of the natue of the criminal
offence and a statement setting out a
summary ofthe relevant facts and laws;
(c) a description of the purpose of the request
aDd of the nature of the assistance being
sought;
(d) in the case of a request to restrain or
confiscate assets believed on reasonable
grounds to be located in Siera Leone, details
ofthe offence in question, particulars ofany
investigation or prosecutioa commenced in
respect of tbe offence, including a copy of
any relevant restraining or confiscation order;
(e) details ofary procedure that the foreign state
wishes to be followed by Sierra Leone in
giving effect to the requesl pafticularly in
the case ofa request to take evidence;
No.7 The Cyber Secutity dnd Crime Act 2021 43
(0 a statement setting out any wishes of the
foreign state concerning confidentiality
relating to the request and the reasons for
those wishes;
G) details oftbe period within which the foreign
state wishes the request to be complied with;
O) where applicable, details of the property,
computer, computer system or device to be
traced, restrained, seized or confiscated and
ofthe gomds forbelieving that the poperty
is believed to be in Sierra Leone;
(i) details ofthe stored computer dat4 data or
program to be seized and its relationship to
the offence;
(j) information identiSing the custodian ofthe
stored computer data or the location ofthe
computer, computer syslem or device;
(k) an agre€ment on the question ofthe payment
of the damages or costs of fulfilling the
request;
0) details to the effect that wanant in regard
the matter under investigation has already
been obtained to extend the investigations
overseas; and
(m) any other information that may assist in
giving effect to the request.
(3) Upon receiving a request under subsection (l), the
Attorney- General shall take all appropriate measures to obtain
necessary authorisation including a warrant to execute in accordance
with the procedures and powers under this Act or any other law.
41 No. 7 Tle Cyber Security and Crime Act 2021
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(4) Upon obtaining oecessary authorisation und€r
subsection (3), including a warant to execute, the Attomey-General
may seek the support and cooperation of the foreign state during
such search and seizure.
(5) Upon conducting the search and seizure under
subsection (4), the Attorney-General shall provide the results ofsuch
search aad seizue, as well as the evidence seLed, to the foreign
state.
29, Subject to this Act, an enforcement omcer or other
atthorized person may, without authorisation-
(a) access pubticly available (open source)
stored computer data, regardless of where
the data is located geographically; or
(b) access or receive through a computer system
in Sierra kone, stored computer data located
in a foreign state, if such an enforcement
officer or other authorised person obtains the
lawful and voluntary cons€nt of the person
who has the lawful authority to disclose the
data through that computer system.
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