The exercise of
investigative powers by law enforcement authorities can be challenged by an application to the court if it is considered unlawful.
However, the federal regulator has
wide investigative powers, as demonstrated by its dealings with exchanges that violate securities laws.
The Act also covers general
investigative powers of the CSA including over computer systems (whether CII or not) in relation to cybersecurity threats and incidents, and the licensing of certain cybersecurity service providers excluding «in - house» services eg providing penetration testing service.
The enactment amends the Criminal Code to add
new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes.
The package would require public disclosure of every legislator's outside clients and income, establish an ethics commission with robust
investigative powers over both the legislative and executive branches — and institute other measures to introduce badly needed transparency and accountability into our state government.
Opening a breach in the ne bis in idem by loosening the concept of the «merits of the case», would give some possibilities to other national authorities to control the exercise of
investigative powers in other Member States: would the same possibility be recognised in case a Member State, for example, did not intercept enough conversations or monitor enough bank accounts?
The Commission currently does not have a
general investigative power of its own to help it enforce Union law in the area of the Single Market.
In order to obtain such authorization, the Commissioner must convince the court that
other investigative powers available to him or her are inadequate to obtain the necessary evidence.
In the first of four white papers that state the association's position towards moderating Ontario's real estate rules, OREA also recommends that the Real Estate Council of Ontario (RECO) be given
more investigative powers, while at the same time asking that the regulator be subject to audits to ensure that «registrants» fees and other sources of revenue are being used efficiently».
Ombudsmen are a rather strange breed of public official --- we have very
robust investigative powers, such as the ability to examine witnesses under oath and to gain entry into government premises.
Remember, they recommended that the ethics commission, the IG and the COI merge as a new bi-partisan commission that had
broad investigative powers.
«We are of great concern that this is the first time this is happening and that this matter needs to be addressed considering the importance of the powers of the constitution that
gives investigative powers, also gives to us and that there is need for police to accept that they too are under constitution and they must obey that.
This section explores Government proposals to extend
existing investigative powers into the conduct of directors to cover situations where directors avoid accountability by allowing their companies to be dissolved instead of putting them into a formal insolvency process.
All food for thought the next time police demand new
sweeping investigative powers and new recruits or politicians fulminate about the need to «get tough on crime».
[15] In particular, the proposal sets out
which investigative powers the EPPO will have, but does not regulate these powers in a detailed manner (Article 26).
A new body would need: far greater independence of its board members from those it regulates;
proper investigative powers; and an ability to enforce corrections.»
But strange things must be simmering under the surface to justify the
immense investigative power that you and Pikachu bring to the scene.
In all these cases the Commission lacked sufficient relevant firm - level information which could have been provided by a private party (businesses), had the Commission had
investigative powers such as those envisioned by the SMIT.
The Information Commissioner has
strong investigative powers to assist in mediating between dissatisfied information applicants and government institutions.
However, and more importantly, the Act completely fails to provide the
necessary investigative powers to the officials charged with enforcing the law.
DeFrancisco, a Syracuse Republican who has mulled a run for governor next year, mused that he would be open to amending the bill to grant auditors
more investigative power.
Furthermore, the Ministry of Labour & Employment has
broad investigative powers, including: the power of inspection of workplaces and records; interview of employees; and even limited prosecutorial powers under the Labour Standards Act.
While Adequacy Decisions bind Member States until the moment they are declared invalid — an exclusive competence of the CJEU - national DPAs retain their
full investigative powers and even have the duty to investigate claims lodged by individuals casting doubts about the adequacy of the protection afforded by the third country in question.
The
existing investigative powers of the Commission are sectorial and related to the antitrust, merger control or State aid rules (see the relevant EU regulations here, here and here, respectively).
Armed with vast financial resources and
sweeping investigative powers, state and federal prosecutors have an unfair advantage over those who have been accused of a crime.
Given the recent denial of service attacks by the group Anonymous in response to the fallout from WikiLeaks» activities, one player in which was all of 16 years old, there is good cause for concern — and, I'd say, some scepticism about the likelihood that anything approaching real security can be achieved, even with the passing of laws giving
new investigative powers to police and the supporting of international treaties on digital security.
And Dem ranking members are saying, «Why aren't we using
our investigative powers?»
His investigative powers are fairly wide ranging, and he has the ability to go where ever the evidence takes him (to be cliche).
The issues that triggered
the investigative powers of CHRAJ in the preliminary investigation were contained in petitions by three complainants, the National Youth League of the Convention People's Party (CPP), the Progressive People's Party (PPP) and Nana Adofo Ofori.
«Instead of letting the courts decide whether the city has a case, he's going to bring
his investigative powers to bear,» Carroll said.
The party also scolded the assembly for not following due diligence in the handling of
its investigative power.
So far, Cuomo has said he's reviewing the request, but raised questions with how broad the scope of
those investigative powers should be.
Provide the county's commissioner of investigations and procurement director, who oversees outside vendor contracts, with increased staff, funding and
investigative powers.
Although the former Ghanaian President has not publicly spoken on the matter ever since the results were overturned, several people including the Executive Director of the Institute for Democratic Governance, Dr. Emmanuel Akwetey, has said Mahama should be left alone because Observer Missions do not have
investigative powers.
«Investigation activities will not be stopped by the court against the agency while it is carrying out its statutory duties; this will amount to pre-empting
the investigative powers of the agency.
One House committee warns the agency it could use
its investigative powers to enforce compliance.