(d) if authority to seek realtime collection or recording on more than one occasion is needed,
explain why and how many further disclosures are needed to achieve the purpose for
which the warrant is to be issued;
(e) specify what measures shall be taken to prepare and ensure that the realtime collection or
recording is carried out whilst maintaining the privacy of other users, customers and third
parties and without the disclosure of information of any person not part of the
investigation;
(f) explain why the investigation may be frustrated or seriously prejudiced unless the real time
collection or recording is permitted; and
(g) why, to achieve the purpose for which the warrant is being applied, real time collection or
recording by the person in control of the information system is necessary.
40. Forensic laboratory.—The Federal Government shall establish or designate a forensic
laboratory, independent of the investigation agency, to provide expert opinion before the Court or for
the benefit of the investigation agency in relation to electronic evidence collected for purposes of
investigation and prosecution of offences under this Act.
41. Confidentiality of information.—Notwithstanding immunity granted under any other law for
the time being in force, any person including a service provider while providing services under the
terms of lawful contract or otherwise in accordance with the law, or an authorized officer who has
secured access to any material or data containing personal information about another person,
discloses such material to any other person, except when required by law, without the consent of the
person concerned or in breach of lawful contract with the intent to cause or knowing that he is likely
to cause harm, wrongful loss or gain to any person or compromise confidentiality of such material or
data shall be punished with imprisonment for a term which may extend to three years or with fine
which may extend to one million rupees or with both:
Provided that the burden of proof of any defense taken by an accused service provider or an
authorized officer that he was acting in good faith, shall be on such a service provider or the
authorized officer, as the case may be.
CHAPTER IV
INTERNATIONAL COOPERATION
42. International cooperation.— (1) The Federal Government may upon receipt of a request,
through the designated agency under this Act, extend such cooperation to any foreign government, 24
x 7 network, any foreign agency or any international organization or agency for the purposes of
investigations or proceedings concerning offences related to information systems, electronic
communication or data or for the collection of evidence in electronic form relating to an offence or
obtaining expeditious preservation and disclosure of data by means of an information system or real
time collection of data associated with specified communications or interception of data under this
Act.
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