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Section 118

Release of computer, book, account, etc., seized

of Personal Data Protection Act 2010

ActIn forceProvision 118 of 146
Section 118
(1)

If any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article has been seized under this

Act, the authorized officer who effected the seizure may, after referring to the Public Prosecutor, release the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article to the person as he determines to be lawfully entitled to it, if the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in such event neither the authorized officer effecting the seizure, nor the Federal Government, Commissioner or any person acting on behalf of the Federal Government or

Commissioner shall be liable to any proceedings by any person if the seizure and the release of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article had been effected in good faith.

Act 709

(2)

A record in writing shall be made by the authorized officer effecting the release of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article under subsection (1)

specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public

Prosecutor within seven days of the release.