Electronic
Communications
and Transactions
[ N o . 21 of 2 0 0 9
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(4) A law enforcement officer to w h o m a key is released under
subsection (3) shall use the key in the manner and for t h e purpose
and duration provided for under a court order authorising the release
and use a n d shall n o t e x c e e d t h e d u r a t i o n o f t h e e l e c t r o n i c
surveillance for which the key is released.
(5)
A law enforcement officer to w h o m an encryption key is
released shall, on or before the completion of the authorised release
period, destroy t h e encryption key.
8 8 . (1) A key holder shall not disclose a record or any other
personal information relating to an owner of a key held or managed
by the key holder e x c e p t —
(a) with the consent of the owner; or
(b) to a law enforcement officer pursuant to a court order.
Prohibition
of
disclosure of
record or
other
information
by
key holder
(2) A recovery agent shall not disclose to any person the use
of a n y s t o r e d r e c o v e r y i n f o r m a t i o n , a n y d e c r y p t e d d a t a or
communication or other assistance provided to a law enforcement
officer in the performance of functions under this Act.
(3) A person w h o contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to imprisonment for a
period not exceeding twenty-five years but not less than fifteen
years.
(4) N o t h i n g in this Act shall be construed as prohibiting a
recovery agent f r o m —
(a) u s i n g or d i s c l o s i n g plaintext in t h e recovery a g e n t ' s
possession, custody or control;
(b) using or disclosing recovery information that is not stored
recovery information held by the recovery agent under
the circumstances described in this Act; or
(c) using stored recovery information in the recovery agent's
possession, custody or control;
to decrypt any data or c o m m u n i c a t i o n in the recovery a g e n t ' s
possession, custody or control, where the applicable law otherwise
requires the recovery agent to provide the data or communication
to a law enforcement officer in plaintext or other form readily
understood by the law enforcement officer.
8 9 . A person w h o uses an encryption to obstruct or impede a
law e n f o r c e m e n t officer or in any m a n n e r interferes with t h e
performance by the law enforcement officer of any functions under
this Act commits an offence and is liable, upon conviction, to a fine
not exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding t w o years, or to both.
Obstruction
of law
enforcement
officer
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