Section 49 of Computer Misuse and Cybercrime Act No 5 of 2018: Record of and access to seized data
(1) Where a computer system or data has been removed or rendered inaccessible, following a search or a seizure under section 48, the person who made the search shall, at the time of the search or as soon as practicable after the search —
(a) make a list of what has been seized or rendered inaccessible, and shall specify the date and time of seizure; and
(b) provide a copy of the list to the occupier of the premises or the person in control of the computer system referred to under paragraph (a).
(2) Subject to subsection (3), a police officer or an authorised person shall, on request, permit a person who —
(a) had the custody or control of the computer system;
(b) has a right to any data or information seized or secured; or
(c) has been acting on behalf of a person under subsection (1)(a) or (b), to access and copy computer data on the system or give the person a copy of the computer data.
(3) The police officer or authorised person may refuse to give access or provide copies under subsection (2), if they have reasonable grounds for believing that giving the access or providing the copies, may —
(a) constitute a criminal offence; or
(b) prejudice —
(i) the investigation in connection with the search that was carried out;
(ii) an ongoing investigation; or
(iii) any criminal proceeding that is pending or that may be brought in relation to any of those investigations.
(4) Despite subsection (3), a court may, on reasonable grounds being disclosed, allow a person who has qualified under subsection (2) (a) or (b) —
(a) access and copy computer data on the system; or (b) obtain a copy of the computer data.
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