Act 2
Computer Misuse Act
2011
(4) The provisions of section 71 of the Magistrates Court’s Act apply with the
necessary modifications to the issue and execution of a search warrant referred to in
subsection (3).
(5) An authorised officer executing a search warrant referred to in subsection (3),
may—
(a)
at any time search for, have access to and inspect and check the operation of
any computer system, application or data if that officer on reasonable grounds
believes it to be necessary to facilitate the execution of that search warrant;
(b)
require a person having charge of or being otherwise concerned with the
operation, custody or care of a computer system, application or data to provide
him or her with the reasonable assistance that may be required to facilitate the
execution of that search warrant; and
(c)
compel a service provider, within its existing technical capability—
(i)
to collect or record through the application of technical means; or
(ii)
to co-operate and assist the competent authorties in the collection or
recording of traffic data in real time, associated with specified
communication transmitted by means of a computer system.
(6) In seizing any computer system or taking any samples or copies of applications
or data or performing any of the actions referred to in subsection (5), an authorised officer
shall have due regard to the rights and interests of a person affected by the seizure to carry
on his or her normal activities.
(7) A person who obstructs, hinders or threatens an authorised officer in the
performance of his or her duties or the exercise of his or her powers under this section
commits an offence and is liable on conviction to a fine not exceeding twelve currency
points or imprisonment not exceeding six months or both.
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