Article 25 — Real-time Collection of Computer Data

Without prejudice special provisions stipulated under other laws, 1/ to prevent computer crimes and collect evidence related information, the investigatory organ may, request court warrant to intercept in real-time or conduct surveillance, on computer data, data processing service, or internet and other related communications of suspects, and the court shall decide and determine a relevant organ that could execute interception or surveillance as necessary. 2/ Sub-article (1) of this Article shall only be applicable when there is no other means readily available for collecting such data and this is approved and decided by the Attorney General. 3/ Notwithstanding the provisions of sub- article (1) and (2) of this Article, the Attorney General may give permission to the investigatory organ to conduct interception or surveillance without court warrant where there are reasonable grounds and urgent cases to believe that a computer crime that can damage critical infrastructure is or to be committed. 4/ The Attorney General shall present the reasons for interception or surveillance without court warrant under sub-article (3) of this Article to the President of the Federal High Court within 48 hours, and the president shall give appropriate order immediately. 5/ Any irrelevant information collected pursuant to sub-articles (1) to (4) of this Article shall be destroyed immediately upon the decision of the Attorney General. 6/ Any service provider shall cooperate when requested to carry on activities specified under sub-articles (1) and (3) of this Article. 7/ Without prejudice sub-article (5) of this Article, any information collected in accordance with this Article shall be kept confidential.