5. Log file

ETDA's Draft CCA as of 2013: Imprisonment terms imposed on file copying and possession of child pornography

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5. Log file


2007 CCA

Draft CCA as of April 2013

Article 26: A service provider must keep traffic log files for at least ninety days from the date on which the data is input into a computer system. However, if necessary, a relevant competent officer may instruct a service provider to keep log files for a period of longer than ninety days but not exceeding one year on a special case by case basis or on a temporary basis.

Article ... A service provider must keep traffic log files for at least ninety days from the date on which the data is input into a computer system. However, if necessary, a designated competent officer may instruct the service provider to keep the log files for longer than ninety days, but not exceeding onetwo years, and if necessary, the Minister may issue a regulation to require for the maintenance of the log files longer than the specified period.

The current CCA requires the keeping of log files for 90 days and it can be extended, but not more than one year in total. In the new draft, it changes to the competent officer is able to request a service provider to keep the files for not more than two years, and if necessary, the Minister may issue a notification to extend the ceiling even further.  

Still, many officers find the two year period is still too short since in certain cases, it might take longer than two years to prepare the case prior to prosecution. Meanwhile, from the viewpoint of the service provider, the requirement to extend the ceiling for keeping log files unnecessarily increases their burden and the law should at least specifies certain ceiling for keeping the log files.