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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 Trens-border &ceess to stored computer data Muiual assistarce in r€a.l tine collection of traffic dat.. (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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