Section 9, 2 The Cyber Security qnd Crine Act 2021

(l) Powers and procedures under this Act shall beapplicable to and may be exercised with respect to- (a) criminal offences under this Act; (b) criminal offences committed by means ofa comput€r system, including mobile phones atrd other electronic equipment under any other law; and Scope of Procedures. Audil and Inspcction of Critical National lnformation Irfrastructure. No.7 The Cyber Security and Crime Acl 2021 (c) the collection ofevidence in elechonic form of a criminal offence under this Act or arty other law. (2) In a trial of an offerce under any [aw, the fac.t that evidence has been generated, transmitted or seized from or identified in a search of a computer system, shall not of itself prevent thal evidence from being presented, relied upon or admitted provided that the cvidence has been properly obtained and preserved. (3) The powers and procedures provided under this Part are without prejudice to the operation of, or powers granted under the Criminal ProcedureAct, when exercised lawflrlly by any other law enforcement agency or service or any regulatory authorilv that by itself does not investigate or prosecute an offence. I 0. (l) Upon an application by an enforcement omcer or other authoris€d person to a Judge ofthe High Court that there is reasonable grounds to believe that ther€ may be in a specified computer system, program, data, computer data storage medium material specirying the basis ofthe beliefand the scope ofthe warrant requled \yhich- (a) may be reasonably required as evidence in proving a specifically identified offence in a criminal investigation or criminal proceedings; @) has been acquired by a person as a result of the commission ofan offence, the Judge may issue a warrant which shall authorise the enforcement officer or other authorised person, with such assistance as may be necessary, to access, seize or secure a specified computer system, program, dala or computer data storage medium. @) A warrant issued under subsection (l) shall authorize an enforcement omcer or other authorised person tG. S€.ich rnd Seiarre of Stored Computer I9 z) No. 7 T'he Cyber Searity and Cime Act 2021 (a) enter and search any premises or place if within those premises or place- (| an offence under this Act is being committed; or (! there is evidence ofthe commission of an offence rmder this Act; or (rii) there is an urgent need to prevent the commission ofan o$ence under this Act (b) search any person found on any premises or place which such authorised officers who are empowered to enter and search under paragraph (a) of subsection l; (c) stop, board and search where there is evidence of the commission of an offence under this Act; (d) seize or secure a computer system or part of it or a computer{ata storage medium; (e) make and rehin a copy ofcomputer data; (0 maintain the integrity of stored computer data; (g) render inaccessible or rernove computer data in the accessed computer system; (h) have access to, inspect and check the operation ofa computer E6tem to \yhich the warrant applies; (, haye access io any information, obtained from the encrypted data contained or available to I i No. 7 The Cyber Security and Crime Act 2021 21 a computersystem into an intelligible formal for the purposes of the warranq O require a person possessing knowledge about the finctioning of a computer system or measures applied to protect a computer data therein, to provide the necessary computer data or information, to enable an enforcement officer or other authorised person in conducting an activity authorised under this section; (k) have access to such reasonable technical and other assistance as he may require for the purposes of the warrant. O require any person having charge of or otherwise concemed with the operation of any computer or electronic device in connectioo with an offence under this Actto produce such eomputer or electonic deyice. (3) An application under subsection (l) shall provide reasons explaining why it is believed that- (a) the material sought will be found on the premises to be searched; or (b) the purpose of an investigation search may be frustrated or seriously prejudiced unless an investigating officer arriving at the premises can secure immediale enfy to them, (4) The court may issue a warant under subsection (2) of this section where it is satisfied that- (a) th€ warrant is sought to preveDt the commission of an offence under this Act or D, No. 7 The Cyber Security and Crime .4ct 2021 to prevent the interference with inyestigadye process under this Actl or (b) the warrant is for the purpose ofinvestigating cybercrime, cyber security breach, computer related offences or obtaining eiectronic evidence; or (c) there are reasons for believing that the person or material on the premises may be relevant to the cyber crime or computer related offences under investigation; or (d) there are reasons to believe that the person named in the warant is preparing to commit an offence under this Act. Provided that any such wanart is issued access shall be witlrout prejudice to $e rights to privacy of persons and may be rescinded upon an application by a person affected to a Judge of the High Court. (5) Where an enforcement officer or other authorised person (s) authorised to search or access a specific computer system or part of it has reasonable grounds to believe that the data sought is stored in another cloud computer system and there is reasonable grounds to believe that such data is accessible from or available to the initialsystern, the enforcement o{ficer or other authorised person may extend the search or accessing to such other system or systems. (O Computer data seized under subsectio, (2) shall only be lawfully used for the purpose for which itwas orig,nally obtained- (7) An enforcement officer or other authorised person (a) only seize a computer system under subsection (2) when it isshall- No. 7 The Cyber Securit, and Crtde Act 2021 ?3 (D not practical to secure the computer data: or (ii) necessary to ens[e that data will not be dcstroyed, altered or otherwise interfered with; O) exercise ressonable care while the computer system or computer data storage medium is retained. (8) An enforcement olficer or other authorised person who intentionally, recklessly or neglige tly misuses the powers granted under this section commits an offence and is liable on conviction to a fine not less than Le 1 0,000,000 and not more than Le 50,000,000 or to a term of imprisonment not less than I year and not more than 5 years or to both such fine and imprisonment. (9) .A person rvho willfully obslructs an enforcement officer or other authorised person inthe lawful exercise ofthe powers under this section commits an offence and is liable on bonviction to a finenotless than Le5,000,000 andnot more than Le30,000,000 orto a term of impriso.ment not less than 6 months and not more than 3 years or to both such fine ard imprisonment and in the case of a corporation, partnership or association to a fine not less than Le 50,000,000 and not more than Le t 00,000,000. (a) make a list of what has been seized or rendered inaccessible, with the date and tirne of seizure; and 11, (l) Where a computer system or data has been removed Record oland or rendered inaccessible, following a search or seizure, the person 1"f... to who made the search or seiztre shall. at the time of the .""."h o, s"i^o o"' seizure or as soon as practicable after the search - (b) give a copy ofthat list to - 24 No. 7 The Cyber Securily and Crirne Acl 2tizl Q the occupier ofthe premises; or (if the person in control of the conputer system. (2) Subject to subsection (3), an enforcement officer or other aulhorised person shall, on request, permit a person- (a) who has custody or control of a computer system, (b) who has right to data or information seized under subsection (2) ofsection l0l or (c) acting on behalf of a person under subparagraph (a) or (b), to access and copy computer data on the system orgive strch person a copy of the computer data. (3) An enforcement omcer or other authorised person may refuse to give access or provide copies seized under subsection (2) if he has reasonable grounds to believe that giving access or providing copies would- (a) constitute a criminal offence; or (t) prejudice- O an inYestigation; or (i, any prosecution:- (4) Notwithstanding sutrsection (3), a Judge ofthe High Court may, upon sufficient and reasonable grormds, allow a person under sub paragraph (a), (b) or (c) to access or copy computer data- No. 7 The Cyber Secrtity and C me Act 2021 25 (5) The National Computer Security lncidence Response Team shall develop staudards, policies, procedures and guidelines to be used in the implementation ofthis Act subject to the approval ofthe National Cyber Secudty Advisory Council in respect o[: (a) the warant request processl O) the Focess of collecting and handling evidence; (c) (o G) (0 chain of custody ofevidence collected; processes related to device collection; processes related to email collectioni the storage and inventory of data or evidence collected; (g) the process of examining evidencb; (h) the analysis ofdata and evidence collected; and (i) evidencereporting.