18. Insertion of new Part VIIA in the principal enactment

The following new Part (sections 20A to 20F) is hereby inserted immediately after section 20 of the principal enactment and shall have effect as PART VIIA of that enactment:-

“PART VIIA

EXPEDITED PRESERVATION OF STORED DATA IN RELATION TO

COMPUTER CRIMES

20A. Where the Central Authority is of the opinion that expedited preservation is required of stored computer data or traffic data, the

Central Authority shall inform the Secretary to the Ministry of the Minister assigned the relevant subject to make an order for the expedited preservation of stored computer data or traffic data, as the case may be, or to both such data, for the period specified under section 20B.

Relevant

Secretary to a

Ministry to make order to preserve data.

Mutual Assistance in Criminal Matters

20B.

Period of preservation of data

All data for which an order is made under section 20A shall be preserved for a minimum period of six years.

20C.

Mode of preservation

Records of data preserved under this

A copy of the record may–

be kept in a machine readable form to conveniently obtain a print thereof;

be kept in an electronic form, to enable a readable copy to be readily obtained and an electronic signature of the person who keeps the records is inserted for purposes of verification;

where necessary, entail freezing of the stored computer data; or

be updated, if necessary.

Preserved data shall be released for the purpose of criminal investigation or judicial proceedings on a request duly made by the appropriate authority for such period as specified in the request.

Every order made under section 20A shall lapse on the expiry of the time period specified under section 20B or on the expiry of the period specified in the request.

Where in the course of granting a request to preserve traffic data concerning a specific communication, the Central Authority is informed that a service provider in another country was involved in the transmission of the communication, the Central Authority shall instruct the relevant competent authority to disclose, such amount of traffic data as is sufficient to identify that service provider and the path through which the communication was transmitted, prior to receipt of the request for production.

specified computer data in the possession or control of a person stored in a computer system or a computer data storage medium; and computer data.

the necessary subscriber information in the possession or control of a service provider.

Upon the request by an appropriate authority of a specified country or specified organization, a warrant may be issued under section 15, mutatis mutandis, to search or otherwise access any computer system or part thereof as well as any computer storage medium in which computer data may be stored.

The search warrant issued by the

seize or otherwise secure a computer system or part thereof, or a computer data storage medium;

make and retain a copy of that computer data;

maintain the integrity of the relevant stored computer data; and

render inaccessible or remove that computer data in the accessed computer system.”.