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THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
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CHAPTER 124B
COMPUTER MISUSE
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
- Short title.
- Application.
- Interpretation.
PART II
PROHIBITED CONDUCT
- Illegal access.
- Interfering with data.
- Interfering with computer system.
- Illegal interception of data etc.
- Illegal devices.
- Access with intention to commit offence.
- Unauthorised disclosure of access code.
- Offences involving restricted computer systems.
- Unauthorised receiving or giving of access to computer programme or data.
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SECTION
- Child pornography.
- Malicious communications.
P ART III
INVESTIGATION AND ENFORCEMENT
- Search and seizure.
- Assisting a police officer.
- Record of seized data to be provided to owner.
- Production of data for criminal proceedings.
- Order for disclosure of data.
- Preservation of data for criminal proceedings.
- Order for payment of compensation.
- Regulations.
SCHEDULE
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"computer system" means a device or a group of inter-connected or related devices, including the Internet, one or more of which, pursuant to a programme, facilitates communication, performs automatic processing of data or any other function;
"damage" includes
(a) any impairment to a computer or the integrity or availability of any data or programme held in a computer;
(b) the impairment of the confidentiality of information held in a computer;
"electronic, acoustic, mechanical or other device" means any device or apparatus that is used or capable of being used to intercept any function of a computer;
"intercept" includes, in relation to a computer, listening to or recording a function of a computer, or acquiring the substance, meaning or purport of the function;
"programme or computer programme" means data or a portion of data representing instructions or statements that, when executed in a computer, causes the computer to perform a function;
"service provider" means
(a) a public or private entity that provides to users of its services the ability to communicate by means of a computer system; and
(b) any other entity that processes or stores computer data on behalf of that entity or those users;
"traffic data" means computer data that
(a) relates to a communication by means of a computer system;
(b) is generated by a computer system that is part of a chain of communication; and
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(c) shows the origin, destination, route, time, date, size, duration of the communication of the type of underlying services used to generate the data.
(2) For the purposes of this Act, access of any kind by any person to any programme or data held in a computer is unauthorised or obtained without authority if
(a) the person is not entitled to access of the kind in question to the programme or data; and
(b) the person
(i) does not have permission to access the programme or data; or
(ii) exceeds any right or permission to access the programme or data
from any person who may permit such access.
(3) A reference in this Act to any "programme or data" held in a computer includes a reference to
(a) any programme or data held in any removable storage medium which is for the time being in the computer; or
(b) any programme or data held in any storage medium which is external to the computer, but which is connected to it.
(4) For the purposes of this Act, a modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or of any other computer
(a) any programme or data held in the computer is altered or erased;
(b) any programme or data is added to any programme or data held in the computer; or
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(2) For the purposes of subsection (1), the form in which any programme is obtained or copied and, in particular, whether or not it represents a form in which it is capable of being executed, is immaterial.
5. (1) A person who knowingly or recklessly, and without lawful excuse or justification,
(a) destroys or alters data;
(b) renders data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data;
(d) obstructs, interrupts or interferes with any person in the lawful use of data; or
(e) denies access to data to any person entitled to the data;
is guilty of an offence and is liable on conviction on indictment to a fine of $50 000 or to imprisonment for a term of 5 years or to both.
(2) Subsection (1) applies whether the person's act is of temporary or permanent effect.
6. A person who knowingly or recklessly, and without lawful excuse or justification,
(a) hinders the functioning of a computer system by
(i) preventing the supply of electricity, permanently or otherwise, to a computer system;
(ii) causing electromagnetic interference to a computer system;
(iii) corrupting the computer system by any means;
(iv) adding, deleting or altering computer data; or
Interfering with computer system.
Interfering with data.
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(b) interferes with the functioning of a computer system or with a person who is lawfully using or operating a computer system
is guilty of an offence and is liable on conviction on indictment to a fine of $50 000 or to imprisonment for a term of 5 years or to both.
7. A person who knowingly and without lawful excuse or justification intercepts by technical means
(a) any transmission to, from or within a computer system that is not available to the public; or
(b) electromagnetic emissions that are carrying computer data from a computer system
is guilty of an offence and is liable on conviction on indictment to a fine of $50 000 or to imprisonment for a term of 5 years or to both.
8. A person who knowingly or recklessly, and without lawful excuse or justification,
(a) supplies, distributes or otherwise makes available
(i) a device, including a computer programme, that is designed or adapted for the purpose of committing an offence under section 4, 5, 6 or 7; or
(ii) a computer password, access code or similar data by which the whole or any part of a computer system is capable of being accessed, with the intent that it be used by any person for the purpose of committing an offence under section 4, 5, 6 or 7; or
(b) has an item mentioned in paragraph (a) (i) or (ii) in his possession with the intent that it be used by any person for the purpose of committing an offence under section 4, 5, 6 or 7
is guilty of an offence and is liable on conviction on indictment to a fine of $50 000 or to imprisonment for a term of 5 years or to both.
Illegal inter- ception of data etc.
Illegal devices.
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(b) gains access to a restricted computer system in the course of the commission of an offence under section 4, 5, 6 or 7, the person convicted of that offence is, in lieu of the penalty prescribed in those sections, liable, on conviction on indict- ment, to a fine of $100 000 or to imprisonment for a term of 7 years or to both.
(2) It is a defence to a charge brought under subsection (1) to prove that access to a restricted computer system was obtained inadvertently and with no intent to commit an offence.
(3) For the purposes of subsection (1), a "restricted computer system" means any system or part of a system belonging to the entities set out in the Schedule , that is not available for access to the public and in respect of which notice of the restriction is given
(a) in the Official Gazette and in a newspaper published daily in Barbados; and
(b) on a computer at the time when the attempt is made to gain access to the system.
(4) The Minister may by order amend the Schedule by adding to or deleting from the list of entities set out in the Schedule.
12. (1) Where a person who is not authorised
(a) to have a programme or computer data; or
(b) to have access to any programme or data held in a computer
receives or is given access to that programme or data, he is guilty of an offence whether or not the person from whom the programme or data was received or through whom access was attained was authorised to make it available to him.
Un- authorised receiving or giving of access to computer programme or data.
Schedule.
Schedule.
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(2) A person who is authorised to receive a programme or computer data or to have access to any programme or data held in a computer is guilty of an offence where he receives the programme or data or access thereto knowing that the person from whom he received the programme or data or from whom he received the access obtained it through unauthorised means.
(3) A person who has obtained any programme or computer data or programme or data held in a computer through authorised means is guilty of an offence where he gives that programme or data to another person who he knows is not authorised to receive or have access to that programme or data.
(4) A person is guilty of an offence where he obtains any programme or data held in a computer through unauthorised means and gives the programme or data to another person, whether or not he knows that the person to whom he has given the programme or data is authorised to receive or have access to that programme or data.
(5) A person who is guilty of an offence under this section is liable on conviction on indictment to a fine of $50 000 or to imprisonment for a term of 5 years or to both.
13. (1) A person who, knowingly,
(a) publishes child pornography through a computer system; or
(b) produces child pornography for the purpose of its publication through a computer system; or
(c) possesses child pornography in a computer system or on a computer data storage medium for the purpose of publication
is guilty of an offence and is liable on conviction on indictment,
(i) in the case of an individual, to a fine of $50 000 or to imprisonment for a term of 5 years or both; or
(ii) in the case of a corporation, to a fine of $200 000.
Child porno- graphy.
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THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
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communicated, he is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 12 months or to both.
PART III
INVESTIGATION AND ENFORCEMENT
15. (1) Where a magistrate is satisfied, on information on oath given by a police officer, that there are reasonable grounds for suspecting that an offence under this Act has been or is about to be committed in any place and that evidence that such an offence has been or is about to be committed is in that place, the magistrate may issue a warrant authorising any police officer to enter and search that place, including any computer, using such reasonable force as is necessary.
(2) A warrant issued under this section may authorise a police officer to
(a) seize any computer, data, programme, information, document or thing if he reasonably believes that it is evidence that an offence under this Act has been or is about to be committed;
(b) inspect and check the operation of any computer referred to in paragraph (a) ;
(c) use or cause to be used any computer referred to in paragraph (a) to search any programme or data held in or available to such computer;
(d) have access to any information, code or technology which has the capability of transforming or converting an encrypted programme or data held in or available to the computer into readable and comprehensible format or text, for the purpose of investigating any offence under this Act;
Search and seizure.
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(e) convert an encrypted programme or data held in another computer system at the place specified in the warrant, where there are reasonable grounds for believing that computer data connected with the commission of the offence may be stored in that other system;
(f) make and retain a copy of any programme or data held in the computer referred to in paragraph (a) or (e) and any other programme or data held in the computers.
(3) A warrant issued under this section may authorise the rendering of assistance by an authorised person to the police officer in the execution of the warrant.
(4) A person who obstructs a police officer in the execution of his duty under this section or who fails to comply with a request under this section is guilty of an offence and is liable on summary conviction to a fine of $15 000 or to imprisonment for a term of 18 months or to both.
(5) For the purposes of this section,
"authorised person" means a person who has the relevant training and skill in computer systems and technology who is identified, in writing, by the Commissioner of Police or a gazetted officer designated by the Commissioner as authorised to assist the police;
"encrypted programme or data" means a programme or data which has been transformed from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation and irrespective of the medium in which such programme or data occurs or can be found, for the purpose of protecting the content of such programme or data;
"plain text version" means a programme or original data before it has been transformed to an unreadable or incomprehensible format.
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(b) give a copy of that list to
(i) the occupier of the premises; or
(ii) the person in control of the computer system.
(2) Subject to subsection (3), a police officer or authorised person shall, on request,
(a) permit a person who had the custody or control of the computer system, or someone acting on behalf of that person, to gain access to and copy computer data on the system; or
(b) give the person referred to in paragraph (a) , a copy of the computer data.
(3) The police officer or authorised person may refuse to give access to or provide copies of computer data referred to in sub- section (2) if he has reasonable grounds for believing that giving the access or providing the copies
(a) would constitute a criminal offence; or
(b) would prejudice
(i) the investigation in connection with which the search was carried out; or
(ii) another investigation connected to the one in respect of which the search was carried out; or
(iii) any criminal proceedings that are pending or that may be brought in relation to any of those investigations.
18. (1) Where a Judge is satisfied on the basis of an application by a police officer that specified computer data or other information is reasonably required for the purpose of a criminal investigation or criminal proceedings, the Judge may order that
(a) a person in control of a computer system produce from the computer system specified computer data or other intelligible output of that data; and
Production of data for criminal proceedings.
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(b) an Internet service provider in Barbados produce information about persons who subscribe to or otherwise use the service.
(2) A person referred to in paragraph (a) or (b) of subsection (1) who makes an unauthorised disclosure of any information under his control is guilty of an offence and is liable on conviction on indictment,
(a) in the case of an individual, to a fine of $50 000 or to imprisonment for a term of 5 years or both; or
(b) in the case of a corporation, to a fine of $200 000.
19. Where a Judge is satisfied on the basis of an ex parte applica- tion by a police officer that specified data stored in a computer system is reasonably required for the purpose of a criminal investigation or criminal proceedings, the Judge may order that a person in control of the computer system disclose sufficient traffic data about a specified communication to identify
(a) the Internet service providers; and
(b) the path through which the communication was transmitted.
20. (1) Where a police officer satisfies a Judge on the basis of an ex parte application that
(a) data stored in a computer system is reasonably required for the purposes of a criminal investigation; and
(b) there is a risk that the data may be destroyed or rendered inaccessible,
the Judge may make an order requiring the person in control of the computer system to ensure that the data specified in the order be preserved for a period of up to 14 days.
(2) The period may be extended beyond 14 days where, on an ex parte application, a Judge authorises an extension for a further specified period of time.
Order for disclosure of data.
Preserva- tion of data for criminal proceedings.
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SCHEDULE
(Section 11)
(a) Archives Department;
(b) Barbados Defence Force;
(c) Central Bank of Barbados;
(d) Customs Department;
(e) Director of Public Prosecutions;
(f) Electoral and Boundaries Commission;
(g) Financial Intelligence Unit;
(h) Forensic Laboratory.
(i) Immigration Department;
(j) Inland Revenue Department;
(k) Lands and Survey Department;
(l) Land Tax Department;
(m) Licensing Authority;
(n) National Insurance Department;
(o) National Library Service;
(p) Office of the Attorney-General;
(q) Queen Elizabeth Hospital;
(r) Registration Department;
(s) Royal Barbados Police Force;
(t) the Supreme Court of Judicature; and
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(u) any
(i) statutory corporation;
(ii) company incorporated under the Companies Act ; or
(iii) other entity
that provides a utility service within the meaning of the Utilities Regulation Act.
Cap. 308.
Cap. 282.
