قاعدة بيانات التشريعات

 Part III
 Article 16

تاريخ بدء النفاذ:

2003-06-16

 

تاريخ الاعتماد:

2003-04-11

 

النص الأصلي

16. (1) A police officer or a person authorised in
writing by the Commissioner of Police, pursuant to a
warrant under section 70 of the Criminal Procedure Code,
shall —
(a) be entitled at any time to —
(i) have access to and inspect and check the
operation of any computer to which this
section applies;
(ii) use or cause to be used any such computer
to search any data contained in or
available to such computer; or
(iii) have access to any information, code or
technology which has the capability of
retransforming or unscrambling encrypted
data contained or available to such
computer into readable and
comprehensible format or text for the
purpose of investigating any offence under
this Act or any other offence which has
been disclosed in the course of the lawful
exercise of the powers under this section;
(b) be entitled to require —
(i) the person by whom or on whose behalf,
the police officer or investigation officer
has reasonable cause to suspect, any
computer to which this section applies is
or has been used; or
(ii) any person having charge of, or otherwise
concerned with the operation of, such
computer, to provide him with such
reasonable technical and other assistance
as he may require for the purposes of
paragraph (a); or
(c) be entitled to require any person in possession of
decryption information to grant him access to
such decryption information necessary to
decrypt data required for the purpose of
investigating any such offence.

(2) This section shall apply to a computer which a
police officer or a person authorised in writing by the
Commissioner of Police has reasonable cause to suspect is
or has been in use in connection with any offence under
this Act or any other offence which has been disclosed in
the course of the lawful exercise of the powers under this
section.

(3) The powers referred to in paragraphs (a) (ii) and
(iii) and (c) of subsection (1) shall not be exercised except
with the consent of the Attorney-General.

(4) Any person who obstructs the lawful exercise of
the powers under subsection (1) (a) or who fails to comply
with a request under subsection (1) (b) or (c) shall be guilty
of an offence and shall be liable on summary conviction to
a fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding three years or to
both such fine and imprisonment.

(5) For the purposes of this section —
“decryption information” means information or
technology that enables a person to readily
retransform or unscramble encrypted data from
its unreadable and incomprehensible format to
its plain text version;
“encrypted data” means data which has been
transformed or scrambled from its plain text
version to an unreadable or incomprehensible
format, regardless of the technique utilised for
such transformation or scrambling and
irrespective of the medium in which such data
occurs or can be found for the purposes of
protecting the content of such data;
“plain text version” means original data before it has
been transformed or scrambled to an unreadable
or incomprehensible format.

 

التفاصيل

المصدر:

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0002/ComputerMisuseAct_1.pdf

 

القضايا الشاملة

      • • الأدلة الإلكترونية/الأدلة الرقمية
 

المرفقات