Parliament Passes Amendment Granting Police Access to Overseas Computer Data
The Maldives Parliament has passed an amendment empowering the Maldives Police Service to access computer data stored abroad without requiring formal permission from the foreign country where the data resides. This decision marks a significant shift in the nation’s approach to combating cybercrime and handling electronic evidence.
Key Details of the Amendment
The amendment, introduced by Holhudhoo MP Abdul Sattar Mohamed on behalf of the government, modifies the Mutual Legal Assistance in Criminal Matters Act (Act No. 2/2015). It grants investigating officers the authority to access overseas data directly, provided certain conditions are met. The bill, approved with 58 votes in favor, had been previously stalled during the 19th Parliament and was reintroduced without changes.
The Attorney General's Office has stated that the amendment aims to enhance the country's ability to address cybercrime effectively. This includes collaboration with international agencies and networks during criminal investigations or prosecutions where electronic evidence is necessary.
Circumstances for Accessing Overseas Data
Under the new law, police can access foreign computer data under two specific scenarios:
- Threats to Life or Public Safety: When there is an imminent and serious danger to the life or safety of an individual or the public.
- Significant Economic Loss: When a crime results in major economic damage, affecting many people or causing extensive financial harm.
Authorities must notify the relevant country or agency from which data is accessed within a reasonable timeframe, ensuring transparency in such operations.
Strengthening Cybercrime Investigations
The amendment facilitates seamless collaboration between Maldives and foreign entities in handling cybercrime cases. Investigators can now work with international agencies, 24/7 cybercrime networks, and foreign countries to collect and preserve evidence.
A key feature of the amendment is the requirement to establish a 24-hour contact point within the Maldives Police Service. This specialized unit will handle requests and provide support for cybercrime investigations and prosecutions. Their responsibilities include:
- Preserving electronic data.
- Identifying and locating suspects.
- Offering technical consultation.
- Assisting in evidence collection and legal information.
Prosecutor General’s Role in Data Sharing
The law also empowers the Prosecutor General to share data obtained in Maldives investigations with foreign agencies or countries if requested. Similarly, foreign entities can request access to data stored in Maldives-based systems, with a clear process outlined for the Prosecutor General to handle such cases.
While the amendment enhances police capabilities, safeguards are in place to ensure the responsible use of these powers. Any misuse or lack of proper notification to foreign authorities could jeopardize diplomatic relationships and trust.
This amendment signifies a crucial move to confront the rising challenge of cybercrime in our interconnected world. By aligning with international standards and establishing robust mechanisms for cross-border cooperation, the Maldives is taking proactive measures to protect its people and economy from the increasing threat of digital crime. This initiative emphasizes the importance of sustained investment in cybersecurity infrastructure and training, enabling law enforcement agencies to effectively address sophisticated cyber threats while respecting international norms. By creating a streamlined system for accessing overseas data and collaborating with international entities, the Maldives positions itself as a more secure and cooperative player in the global fight against cybercrime.