Electronic
2 7 8 [ N o . 21 o f 2 0 0 9
and
Communications
Transactions
(b) with the consent of the originator, to the addressee or
intended rec ipient of the conim unication or the subscri her,
in the case of a remote c o m p u t i n g service;
(c) to an authorised person or employee whose facilities are
used to forward the communication to the addressee;
(d) where it is necessary or incidental to the provision or to
the protection of the rights or property of the service
provider;
(e) to a law enforcement officer where the c o n t e n t s —
(i) are inadvertently obtained by the service provider;
and
(ii) relate to the commission of an offence;
(f) where required by any written law; or
(h) where the provider has reasonable grounds to believe
that the non-disclosure of the communication is likely to
cause death or bodily harm to a person or damage to
property.
Disclosure
of customer
records
81. (1) A service provider may disclose a record or other
information relating to a subscriber or customer of a service—
(a) to another p e r s o n —
(i) with the consent of the customer or subscriber; or
(ii) where it is necessary to service provision or for
the p r o t e c t i o n o f t h e r i g h t s or p r o p e r t y o f
theservice provider; or
(b) to a law enforcement officer—
(i) where the service provider has reasonable grounds
to believe that the non-disclosure of the record
or information is likely to cause death or serious
harm to a person; or
(ii) where the service provider has reasonable grounds
to believe that the record or information reveals
the commission of an offence.
Access to
communication
in electronic
storage
8 2 . (1)
A law enforcement officer may, with warrant,
access a wire or electronic communication that is in electronic
storage in an electronic communications system where the law
enforcement officer has reasonable grounds to believe that an
offence, is being committed, has been committed or is likely to be
committed under this Act or any other law.
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