Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Computer system searches

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

You could also call this:

"Helping police access computers and data when you know the system"

If you have knowledge of a computer system or other data storage device, you may be asked to help someone searching it. They can ask you for information to access the data. You do not have to give them any information that might get you in trouble.

If the computer system has information that might get you in trouble, you can still be asked to help access it, but only if it is reasonable and necessary. There are rules about what information you have to give, and these rules are explained in subpart 5 of this Part.

You are considered a specified person if you use a computer system or Internet site and have knowledge about it, or if you provide an Internet service and have access information. A user of a computer system is someone who owns it, has an account, or is an employee of someone who does.

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131: Identification and notice requirements for person exercising search power (other than remote access search), or

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Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Computer system searches

130Duty 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—

    1. 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
      1. 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—

        1. owns, leases, possesses, or controls the system, device, or site; or
          1. is entitled, by reason of an account or other arrangement, to access data on an Internet site; or
            1. is an employee of a person described in paragraph (a) or (b).