Police order to share computer password
I got a summons from the Police requiring me to submit to them my laptop computer which I did. After a week I got a call from the Police demanding me to go to the Police Station to give them my password for them to be able to open and operate my computer. Do I have the obligation under law to give my password to the Police?
KF, Dar
Section 10(2)(2A) of the Criminal Procedure Act [Cap.20 R.E 2019] which is normally cited by law enforcement agents to order production of documents and articles does not vest in Police power to order a person to give them a password in order to be able to access data in an electronic device. However, police can resort to section 32(4), 34(1)(b) and 35(a) of the Cybercrimes Act, 2015 to order production of electronic device and the password that enables access to the data contained in the device. Section 32(4) of the Act defines an order to produce electronic device as including giving access to the data required from the device which means an order to produce electronic device by necessary implication includes the order to give a password to enable access to data contained in the electronic device.
Apart from the implied right of access stipulated under section 32(4), a law enforcement agency may issue a specific order under section 34(1)(b) or 35(a) of the Cybercrimes Act to a person in possession or control of a computer system or device to assist a law enforcement officer to collect data from a device or computer system by giving the password. Police might have been acting under the Cybercrimes Act to compel you to give them the password to access data in your laptop.