Search and Surveillance Bill

125 Duty of persons with knowledge of computer system or other data storage devices to assist access

• (1) A person exercising a search power at any place or vehicle or in respect of any other thing 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 data held in—

  • (a) a computer system that is located (in whole or in part) at the place or in the vehicle or other thing being searched:

  • (b) any other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing being searched.

  (2) In this section, specified person is a person who—

  • (a) is the owner or lessee of the computer system or other data storage device, or is in possession or control of the computer system or data storage device, an employee of any of the above, or any service provider who provides service to the above and holds access information; and

  • (b) has relevant knowledge of—

    • (i) the computer system or other data storage device; or

    • (ii) measures applied to protect data held in, or accessible from, the computer system or other data storage device.

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

  (4) Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide information that—

  • (a) 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—

    • (i) is at the premises or in the place, vehicle, or other thing to be searched; and

    • (ii) contains or may contain information tending to incriminate the specified person; but

  • (b) does not itself tend to incriminate the specified person.

  (5) Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide 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—

  • (a) is at the premises or in the place, vehicle, or other thing concerned; and

  • (b) contains or may contain information tending to incriminate the specified person.

  (6) Subsections (1), (4), and (5) are subject to subpart 4 of this Part (which relates to privilege and confidentiality).