Computer Misuse and Cybercrime Act No 5 of 2018

Record of and access to seized data

(1) Where a computer system or data has been removed or rendered inaccessible, following a search or a seizure under section 48, the person who made the search shall, at the time of the search or as soon as practicable after the search —
(a) make a list of what has been seized or rendered inaccessible, and shall specify the date and time of seizure; and
(b) provide a copy of the list to the occupier of the premises or the person in control of the computer system referred to under paragraph (a).
(2) Subject to subsection (3), a police officer or an authorised person shall, on request, permit a person who —
(a) had the custody or control of the computer system;
(b) has a right to any data or information seized or secured; or
(c) has been acting on behalf of a person under subsection (1)(a) or (b), to access and copy computer data on the system or give the person a copy of the computer data.
(3) The police officer or authorised person may refuse to give access or provide copies under subsection (2), if they have reasonable grounds for believing that giving the access or providing the copies, may —
(a) constitute a criminal offence; or
(b) prejudice —
(i) the investigation in connection with the search that was carried out;
(ii) an ongoing investigation; or
(iii) any criminal proceeding that is pending or that may be brought in relation to any of those investigations.
(4) Despite subsection (3), a court may, on reasonable grounds being disclosed, allow a person who has qualified under subsection (2) (a) or (b) —
(a) access and copy computer data on the system; or (b) obtain a copy of the computer data.
Check the current authoritative text and amendment history before relying on a provision.

Keep exploring.

Computer Misuse and Cybercrime Act No 5 of 2018▤

Regulations

(1) The Cabinet Secretary may make regulations generally for the better carrying into effect of any provisions under this Act. (2)…

Explore resource↗
Computer Misuse and Cybercrime Act No 5 of 2018▤

Consequential Amendments

The laws specified in the first column of the Schedule are amended, in the provisions specified in the second column thereof, in t…

Explore resource↗
Computer Misuse and Cybercrime Act No 5 of 2018▤

Prevailing Clause

Whenever there is a conflict between this Act and any other law regarding cybercrimes, the provisions of this Act shall supersede…

Explore resource↗
Computer Misuse and Cybercrime Act No 5 of 2018▤

Forfeiture

The court before which a person is convicted of any offence may, in addition to any other penalty imposed, order the forfeiture of…

Explore resource↗