Search and Surveillance Act 2012

Computer system searches

130 Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access

(1)

A person exercising a search power in respect of any data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data.

(2)

A specified person may not be required under subsection (1) to give any information tending to incriminate the person.

(3)

Subsection (2) does not prevent a person exercising a search power from requiring a specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person.

(4)

Subsections (2) and (3) are subject to subpart 5 of this Part (which relates to privilege and confidentiality).

(5)

In this section,—

specified person means—

(a)

a user of a computer system or other data storage device or an Internet site who has relevant knowledge of that system, device, or site; or

(b)

a person who provides an Internet service or maintains an Internet site and who holds access information

user, in relation to a computer system or other data storage device or an Internet site, means a person who—

(a)

owns, leases, possesses, or controls the system, device, or site; or

(b)

is entitled, by reason of an account or other arrangement, to access data on an Internet site; or

(c)

is an employee of a person described in paragraph (a) or (b).