The new amendment proposed will grand additional powers to Maldives Police Service concerning access to computer data located overseas. If passed, the Attorney General's Office believes this would curb cybercrime in the country.
An amendment has been proposed to the parliament of Maldives which would grand Maldives Police Service the authority to access computer data stored overseas, without obtaining permission from the foreign country in which the device is located.
The amendment to the Mutual Legal Assistance in Criminal Matters Act (Act No. 2/2015) was put forth by MP of Holhudhoo constituency Abdul Sattar Mohamed.
However, it was first drafted and forwarded to the parliament last year, but remained undecided by the time the 19th parliament concluded its final term. In light of this, the bill was re-submitted to the parliament with no further changes.
While the Attorney General's Office said that this amendment would serve to prevent cybercrime, it allows Maldivian agencies to work with a foreign country, agency or a 24/7 network during prosecution or investigations related to criminal offences committed via a computer system or crimes dealing with computer data, where electronic evidence is required.
It also grants officers who have the authority to conduct criminal investigations with power to obtain such information without additional permits from the foreign country. As such, the agency will be able to access and obtain data from a computer system located overseas after obtaining consent from the parties which a legally authorised to disclose the computer data.
There are two circumstances where this may be done:
- Possibility of serious imminent danger to the life or safety of a member of the public
- A significant economic loss is incurred in terms of the number of people affected or the extend of the damage.
After accessing the foreign computer data, authorities will also be required to notify the country or the agency from which the data was accessed, within a reasonable period of time.
The amendment further stipulates that if the information obtained for an investigation or trial in the Maldives is also required by a another country or agency, the Prosecutor General may share the information with the country or agency without requesting another agency.
If passed, it would also give foreign countries or agencies the right to submit requests to the Prosecutor General seeking access to protect and access information stored in a computer located in the Maldives, detailing the course of action to be followed by the Prosecutor General in such a situation.
The amendment also requires the establishment of a 24-hour contact point in Maldives Police Service, who would be able to provide timely assistance in investigations and trials involving crimes related to computer data.
As such the 24/7 network would be required to:
- Data preservation
- Find electronic evidence
- Provide legal information
- Locating individuals suspected of committing a crime
- Provide technical consultation
As of recent, the country has seen a rise in cybercrime, prompting the government to push for legislative changes to curb such crimes, including an amendment submitted this week to criminalise cybercrime and unauthorised access to computers and data.
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