Gazette December 11, 2023 Part A Vol. CLVIII No. 125

Dec 11, 2023 | Part A

CYBERCRIME ACT, 2023
OBJECTS AND REASONS
This Bill would provide for
(a)
the combatting of cybercrime;

(b)
the protection of legitimate interests in the use and development of information technologies;

(c)
the facilitation of international co-operation in computer related crimes;

(d)
the repeal of the Computer Misuse Act, Cap. 124B; and

(e)
related matters.

CYBERCRIME ACT, 2023
Arrangement of Sections
PART I PRELIMINARY

  1. Short title
  2. Interpretation
  3. Application

PART II PROHIBITED CONDUCT

  1. Illegal access
  2. Modification of programme or data
  3. Interfering with programme or data
  4. Interfering with computer system
  5. Illegal interception of data
  6. Misuse of devices
  7. Access with intent to commit further offence
  8. Disclosure of access code
  9. Critical information infrastructure system
  10. Receiving or giving of access to computer programme or data
  11. Computer-related forgery
  12. Computer-related fraud
  13. Child pornography
  14. Child grooming
  15. Online child sexual abuse
  16. Malicious communications
  17. Cyber bullying
  18. Cyber terrorism
  19. Aiding or abetting

PART III INVESTIGATION AND ENFORCEMENT

  1. Search and seizure
  2. Assisting a police officer
  3. Record of seized data to be provided to owner
  4. Production of data for criminal proceedings
  5. Expedited preservation and partial disclosure of traffic data
  6. Preservation of data for criminal proceedings
  7. Order for payment of compensation
  8. Regulations.
  9. Consequential amendments
  10. Repeal
  11. Commencement SCHEDULE

CONSEQUENTIAL AMENDMENTS
BARBADOS
A Bill entitled
An Act to provide for the combatting of cybercrime, protection of legitimate interests in the use and development of information technologies, the facilitation of international co-operation in computer related crimes and related matters.
ENACTED by the Parliament of Barbados as follows:
PART I
PRELIMINARY

Short title

  1. This Act may be cited as the Cybercrime Act, 2023.

Interpretation
2.(1) In this Act,
“approved person” means a person who has the relevant training and skill in computer systems and technology, who has knowledge about the functioning of the computer system and is identified, in writing, by the Commissioner of Police or other gazetted officer designated by the Commissioner, to assist the police;
“computer data” means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a programme suitable to cause a computer system to perform a function;
“computer data storage medium” means any article or material from which electronic information is capable of being reproduced, with or without the aid of any other electronic article or device;
“computer programme” or “programme” means data or a portion of data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;
“computer system” means a device or a group of inter-connected or related devices, 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 the integrity of a computer system or the integrity or availability of any data or programme held in a computer system; and

(b)
the impairment of the confidentiality of data or programme held in a computer system;

“intercept” includes, in relation to a computer system, listening to, monitoring or surveillance of or recording a function of a computer system, or acquiring the substance, meaning or purport of the 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 its users;

“ship” means a vessel which is designed, used or capable of being used solely or partly for navigation in, on, through, or immediately above the water, without regard to method or lack of propulsion and includes a maritime autonomous surface ship;
“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

(c)
shows the origin, destination, route, time, date, size, duration of the communication or the type of underlying services.

(2) For the purposes of this Act, access of any kind by a person to any computer system, programme or data is obtained without authority if he knows that he is not entitled to access of the kind in question relating to the computer system, programme or data and
(a)
he accesses the computer system, programme or data; or

(b)
he exceeds any right or permission to access the computer system, 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 system includes a reference to

(a)
any programme or data held in any removable storage medium which is for the time being in the computer system; or

(b)
any programme or data held in any storage medium which is external to the computer system, but which is connected to it.

(4)
For the purposes of this Act, a modification of the contents of any computer system takes place if, by the operation of any function of the computer system concerned or of any other computer system

(a)
any programme or data held in the computer system is altered or erased;

(b)
any programme or data is added to any programme or data held in the computer system; or

(c)
any act occurs which impairs the normal operation of any computer system,

and any act which contributes towards such a modification shall be regarded as causing it.
(5) Any modification referred to in subsection (4) is without authority if the person whose act causes the modification
(a)
knows that he is not entitled to determine whether the modification should be made; and

(b)
has not obtained the consent of the person who is entitled to consent to the modification.

(6) A reference in this Act to a programme includes a reference to a part of a programme.
Application 3.(1) This Act applies to an act done or an omission made
(a)
in Barbados;

(b)
on a ship or aircraft registered in Barbados; or

(c)
by a national of Barbados outside the territory of Barbados, if the person’s conduct would also constitute an offence under the law of a country where the offence was committed.

(2)
For the purpose of paragraph (a) of subsection (1), an act is carried out in Barbados if

(a)
the person is in Barbados when the act is committed; or

(b)
the person is outside Barbados at the time when the act is committed but

(i)
a computer system located in Barbados or electronic data storage medium located in Barbados is affected by, or contains information about the act; or

(ii)
transmission or effect of the act, or the damage resulting from the act, occurs in whole or in part within Barbados.

(3)
The Mutual Assistance in Criminal Matters Act, Cap. 140A shall apply to this Act in relation to an offence under this Act as if the offence were a serious offence within the meaning of section 2 of that Act.

PART II
PROHIBITED CONDUCT

Illegal access
4.(1) A person who intentionally or recklessly and without authority,

(a)
gains access to the whole or any part of a computer system;

(b)
causes a programme to be executed; or

(c)
uses a programme to gain access to any 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) For the purposes of subsection (1), the form in which any programme or data is accessed or obtained and, in particular, whether or not it represents a form in which it is capable of being executed is immaterial.

Modification of programme or data
5.(1) A person who intentionally or recklessly and without authority causes any modification to a programme or data is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(2)
For the purposes of subsection (1), the act in question need not be directed at

(a)
any specifically identifiable programme or data or type of programme or data; or

(b)
any programme or data that is held in a specifically identifiable computer system.

(3)
For the purposes of subsection (1), it is immaterial whether the modification is or is intended to be permanent or temporary.

Interfering with programme or data

6.(1) A person who intentionally or recklessly and without authority,
(a)
copies or moves a programme or data

(i)
to any storage medium other than that in which that programme or data is held; or

(ii)
to a different location in the storage medium in which that programme or data is held;

(b)
destroys or erases a programme or data;

(c)
damages a programme or data;

(d)
suppress a programme or data;

(e)
adds, deletes or alters a programme or data;

(f)
renders a programme or data meaningless, useless or ineffective;

(g)
obstructs, interrupts or interferes with the lawful use of a programme or data; or

(h)
denies access to a programme or data,

is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(2)
Subsection (1) applies whether the person’s act is of temporary or permanent effect.

(3)
For the purposes of subsection (1), the form in which a programme or data is copied and, in particular, whether or not it represents a form in which it is capable of being executed is immaterial.

Interfering with computer system

  1. A person who intentionally or recklessly and without authority,
    (a)
    hinders the functioning of a computer system by

(i)
causing electromagnetic interference to a computer system;

(ii)
accessing or causing access to a computer system; or

(iii) corrupting a computer system by any means; or

(b)
interferes with the functioning of a computer system,

is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.

Illegal interception of data

  1. A person who intentionally and without authority, undertakes an act to intercept by technical means any non-public transmission to, from or within a computer system, including electromagnetic emissions from a computer system carrying computer data, is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.

Misuse of devices

  1. A person who intentionally or recklessly and without authority,
    (a) produces, sells, procures for use, imports, exports, distributes or otherwise makes available
    (i)
    a device, including a computer programme, that is primarily designed or adapted for the purpose of committing an offence; 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; or
(b) has an item mentioned in paragraph (a)(i) or (ii) in his possession with the intent that it be used by himself or any other person for the purpose of committing an offence,
is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.

Access with intent to commit further offence

  1. A person who intentionally and without authority uses a computer system to perform any function in order to secure access to any programme or data held in that computer system or in any other computer system with the intention to commit a further offence is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.

Disclosure of access code
11.(1) A person who intentionally or recklessly and without authority discloses any password, access code or any other means of gaining access to any programme or data held in a computer system is guilty of an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 3 years or to both.
(2) A person who intentionally or recklessly and without authority discloses any password, access code or any other means of gaining access to any programme or data held in a computer system for any unlawful gain, whether to himself or to another person, knowing that it is likely to cause unlawful damage, is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.

Critical information infrastructure system

12.(1) For the purposes of this section “critical information infrastructure system” means any computer system, programme or data that supports or performs a function that relates to
(a)
electricity generation or distribution;

(b)
telecommunications;

(c)
government services;

(d)
emergency services;

(e)
law enforcement, security or intelligence agencies;

(f)
public works; or

(g)
any computer system, programme or data that may be designated as a critical information infrastructure system by the Minister responsible for the prevention of cybercrime, published in the Official Gazette,

that is so vital that the incapacity or destruction of such computer system, programme or data would have a debilitating impact on the security, national economic security, national public health or safety or any combination of those matters, in Barbados.
(2) A person who without authority,
(a)
gains access to; or

(b)
interferes with

a critical information infrastructure system is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
(3) A person who without authority gains access to or interferes with a critical information infrastructure system in the course of the commission of any offence is liable on conviction on indictment to a fine of $150 000 or to imprisonment for a term of 12 years or to both.
(4) It shall be a defence to a charge brought under subsection (2) or (3) to prove that access to or interference with a critical information infrastructure system was obtained inadvertently and with no intent to commit an offence.

Receiving or giving of access to computer programme or data 13.(1) A person who
(a)
intentionally or recklessly and without authority receives or is given access to any programme or data; and

(b)
knows or believes that

(i)
the programme or data was obtained without authority; or

(ii)
access to the programme or data was obtained without authority,

is guilty of an offence and is liable on conviction on indictment to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(2) It shall be a defence to a charge brought under subsection (1) to prove that the programme or data or access to the programme or data
(a)
was received inadvertently and with no intent to commit an offence;

(b)
was subject to legal privilege; and

(c)
was received by a law enforcement officer in the course of an investigation.

Computer-related forgery

  1. A person who intentionally and without authority, inputs, alters, deletes or suppresses a programme or data that results in inauthentic data being considered or acted on for any legal purpose as if it were authentic, whether or not the data is directly readable and intelligible, is guilty of an offence and liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.

Computer-related fraud

  1. A person who intentionally, fraudulently or dishonestly and without authority, inputs, alters, deletes or suppresses any computer data or interferes with the functioning of a computer system for the purpose of
    (a)
    procuring an economic benefit for himself or another person;

(b)
causing loss of property to a person;

is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
Child pornography 16.(1) A person who intentionally or recklessly
(a)
publishes child pornography through a computer system;

(b)
produces child pornography for the purpose of its publication through a computer system;

(c)
possesses child pornography in a computer system or on a computer data storage medium for the purpose of publication; or

(d)
procures child pornography through a computer system for himself or for another person,

is guilty of an offence and is liable on conviction on indictment
(i)
in the case of an individual to a fine of $100 000 or to imprisonment for a term of 10 years or to both; or

(ii)
in the case of a corporation, to a fine of $250 000.

(2) It shall be a defence to a charge brought under subsection (1) if the person establishes that the child pornography was for a bona fide research, medical or law enforcement purpose.
(3) For the purposes of subsection (1),

(a)
“child” means a person under the age of 18 years;

(b)
“child pornography” includes material that visually depicts

(i)
a child engaged in sexually explicit conduct;

(ii)
a person who appears to be a child engaged in sexually explicit conduct; or

(iii) realistic images representing a child engaged in sexually explicit conduct; and

(c)
“publish” includes

(i)
distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way;

(ii)
have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (b); or

(iii) print, photograph, copy or make in any other manner, whether of the same or of a different kind or nature, for the purpose of doing an act referred to in paragraph (b).

Child grooming

  1. A person who intentionally or recklessly uses a computer system to befriend, manipulate, communicate with or establish a connection with a child in order to abuse the child, whether sexually or otherwise, is guilty of an offence and is liable on conviction on indictment
    (a)
    in the case of an individual to a fine of $100 000 or to imprisonment for a term of 10 years or to both; or

(b)
in the case of a corporation, to a fine of $250 000.

Online child sexual abuse
18.(1) A person who intentionally or recklessly uses a computer system to meet a child for the purpose of
(a)
engaging in sexual activity with a child;

(b)
engaging in sexual activity with the child where

(i)
coercion, inducement, force or threat is used;

(ii)
a recognised position of trust, authority or influence over the child, including within the family is abused; or

(iii) a child’s mental or physical disability or situation of dependence is abused
is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) is liable on conviction on indictment
(a)
in the case of an individual to a fine of $100 000 or to imprisonment for a term of 10 years or to both; or

(b)
in the case of a corporation to a fine of $250 000.

Malicious communications
19.(1) A person who intentionally or recklessly uses a computer system to publish, broadcast or transmit computer data that
(a)
intimidates a person; or

(b)
threatens to

(i)
use violence towards a person or a member of his family; or

(ii)
damage the property of a person or the property of his family,

is guilty of an offence and is liable on summary conviction to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(2) A person who intentionally or recklessly uses a computer system
(a)
to publish, broadcast or transmit data that includes private sexual photographs and videos without the consent of a person who appears in them, with intent to humiliate, harass or cause substantial emotional distress to that person; or

(b)
to send repeatedly to another person data that is obscene, vulgar, profane, lewd or indecent with intent to humiliate or harass the other person to the detriment of that person’s health, emotional well-being, self-esteem or reputation,

is guilty of an offence and is liable on summary conviction to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(3)
A person who intentionally uses a computer system to disseminate any image or words, not caring whether they are true or false, and causes or is likely to cause or subject a person to ridicule, contempt or embarrassment, is guilty of an offence and is liable on summary conviction to a fine of $70 000 or to imprisonment for a term of 7 years or to both.

(4)
For the purposes of subsection (1),

(a)
“intimidate” means to cause

(i)
in the mind of a reasonable person injury to himself, any member of his family or any of his dependants;

(ii)
in the mind of a reasonable person an apprehension of violence or damage to any person or property; or

(iii) a person substantial emotional distress;

(b)
“injury” includes injury or damage to a person in respect of his business, occupation, profession, employment or other source of income.

(5) The defences of truth, comment, triviality and privilege, whether absolute or qualified, provided for under the Defamation Act, Cap. 199 shall extend to a prosecution under subsection (3).
Cyber bullying 20.(1) A person who intentionally uses a computer system
(a)
to publish, broadcast or transmit data that is offensive, pornographic, indecent, vulgar, profane, obscene or of a menacing character or causes any such data to be so sent;

(b)
for the purpose of causing annoyance, inconvenience, danger, obstruction, embarrassment, insult, injury, humiliation, intimidation, hatred, anxiety or causes substantial emotional distress to that person,

is guilty of an offence and is liable on summary conviction to a fine of $70 000 or to imprisonment for a term of 7 years or to both.
(2) Notwithstanding subsection (1) a person shall not be deemed to have committed an offence if he does an act
(a)
for a bona fide scientific or medical research or law enforcement; or

(b)
in compliance of and in accordance with the terms of a court order issued in exercise of any power under this Act or any law.

Cyber terrorism
21.(1) A person who intentionally uses or causes to be accessed a computer system for the purpose of terrorism is guilty of an offence and is liable on conviction on indictment to imprisonment for a term of 25 years.
(2) For the purposes of this section, “terrorism” has the meaning assigned to it in section 3 of the Anti-Terrorism Act, Cap. 158.

Aiding or abetting

  1. A person who aids or abets the commission of an offence under this Act is guilty of that offence and is liable to the penalty of that offence.
    PART III
    INVESTIGATION AND ENFORCEMENT

Search and seizure
23.(1) Where a Judge or magistrate is satisfied, on information on oath given by a police officer, that there are reasonable grounds for suspecting that an offence has been, is being or is about to be committed in any place and that there is evidence that such an offence has been, is being or is about to be committed in that place, the magistrate may issue a warrant authorising any police officer to enter and search that place, including any computer system, using such reasonable force as is necessary.
(2) A warrant issued under this section may authorise a police officer to
(a)
seize or similarly secure any computer system, data, programme, information, document or thing if he reasonably believes that it is evidence that an offence has been or is about to be committed;

(b)
inspect and check the operation of any computer system referred to in paragraph (a);

(c)
use or cause to be used any computer system referred to in paragraph

(a) to search any programme or data held in or available to such computer system;

(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 system into readable and

comprehensible format or text, for the purpose of investigating any

offence;
(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 system referred to in paragraph (a) or (e) and any other programme or data held in the computer system;

(g)
maintain the integrity of the relevant stored computer data; and

(h)
render inaccessible or remove computer data from the computer system.

(3)
Where a Judge or magistrate is satisfied on the basis of an application by the Commissioner of Police or other gazetted officer that specified computer data or other information is required for the purpose of a criminal investigation or criminal proceedings, the Judge or magistrate may order a person who has knowledge about the functioning of a computer system or measures applied to protect the computer data therein, to provide, as is reasonable, the necessary information to enable the undertaking of the measures in subsections (1) and (2).

(4)
A warrant issued under this section shall authorise an approved person or a person who has knowledge about the functioning of a computer system or measures applied to protect the computer data to assist a police officer in the execution of the warrant.

(5)
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 $25 000 or to imprisonment for a term of 2 years or to both.

(6)
For the purposes of this section,

“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.

Assisting a police officer 24.(1) A person who
(a)
is in possession or control of a computer data storage medium or computer system; or

(b)
has knowledge about the functioning of a computer system or measures applied to protect the computer data therein,

that is the subject of a search or a seizure, shall assist a police officer in the execution of a warrant issued under section 23.
(2) The assistance referred to in subsection (1) may include the following:
(a)
accessing and using a computer system or computer data storage medium to search any computer data available to or in the system;

(b)
obtaining and copying computer data referred to in paragraph (a);

(c)
using equipment to make copies;

(d)
obtaining access to decryption information necessary to decrypt computer data required for the purpose of investigating the commission of the offence;

(e)
obtaining an intelligible output from a computer system in a plain text format that can be read by a person;

(f)
maintaining the integrity of the computer data; and

(g) rendering inaccessible or removing computer data in the computer system.
(3)
A person who fails without lawful excuse or justification to assist a police officer in accordance with subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 2 years or to both.

(4)
A person who seeks to prevent or prevents another person from assisting a police officer in the execution of a warrant issued under section 23 is guilty of an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 2 years or to both.

(5)
For the purposes of this section, “decryption information” means information or technology that enables a person to readily transform an encrypted programme or data from its unreadable and incomprehensible format to its plain text version.

Record of seized data to be provided to owner
25.(1) Where a computer system or computer data has been removed or rendered inaccessible to the owner or person who has control of the system following a search or a seizure under section 23, the person who made the search shall, at the time of the search or as soon as practicable after the search,
(a)
make a list of what has been seized or rendered inaccessible, with the date and time of the seizure; and

(b)
give a copy of that list to

(i)
the owner of the computer system or computer data;

(ii)
the occupier of the premises; or

(iii) the person in control of the computer system or computer data.
(2)
Subject to subsection (3), a police officer or an approved 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)
A police officer or an approved person may refuse to give access to or provide copies of computer data referred to in subsection (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 and seizure was carried out;

(ii)
another investigation connected to the one in respect of which the search and seizure was carried out; or

(iii) any criminal proceedings that are pending or that may be brought in relation to any of those investigations.

Production of data for criminal proceedings
26.(1) Where a Judge or magistrate is satisfied on the basis of an application by a police officer that specified computer data or other information is required for the purpose of a criminal investigation or criminal proceedings, the Judge or magistrate may order that
(a) a person shall submit specified computer data in that person’s possession or control, which is stored in a computer system or a computer-data storage medium; or
(b) a service provider offering services in Barbados produce subscriber information relating to such services that is in the service provider’s possession or control.
(2)
A person referred to in subsection (1) who discloses without authority any information in his possession or 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 $70 000 or to imprisonment for a term of 7 years or to both; or

(b)
in the case of a corporation, to a fine of $250 000.

(3)
For the purposes of subsection (1), “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services, other than traffic or content data, which can establish

(a)
the type of communication service used;

(b)
the technical provisions taken relating to the communication service;

(c)
the period of service;

(d)
the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information on the basis of the service agreement or arrangement; and

(e)
any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

Expedited preservation and partial disclosure of traffic data

  1. Where a Judge or magistrate is satisfied on the basis of an ex parte application by the Commissioner of Police or other gazetted officer that specified data stored in a computer system is required for the purpose of a criminal investigation or criminal proceedings, the Judge or magistrate may make an order to ensure that expeditious
    (a)
    preservation of traffic data is available regardless of whether one or more service providers was involved in the transmission of that communication; and

(b)
disclosure of a sufficient amount of traffic data is given to enable the identification of

(i)
the service providers; and

(ii)
the path through which the communication was transmitted.

Preservation of data for criminal proceedings
28.(1) The Commissioner of Police or any other gazetted officer may make an ex parte application for a preservation order to a Judge or magistrate where
(a)
computer data, including traffic data, stored in a computer system is required for the purposes of a criminal investigation; and

(b)
there are grounds to believe that the computer data, including traffic data, stored in a computer system is particularly vulnerable to loss or modification.

(2) Where the Commissioner of Police or any other gazetted officer satisfies a Judge or magistrate on the basis of an ex parte application made under subsection (1), the Judge or magistrate may make an order requiring the person in control of the computer system to
(a)
ensure that the computer data specified in the order is preserved for a period of up to 90 days;

(b)
maintain the integrity of the computer data for a period of up to 90 days; and

(c)
keep confidential any information or action relating to the preservation order.

(3) Where the Commissioner of Police or other gazetted officer makes an ex parte application for an extension of a preservation order, a Judge or magistrate may extend the preservation order beyond the 90 day period for a further period of up to 90 days.

Order for payment of compensation
29.(1) The Court may make an order for the payment of compensation where a person is convicted of any offence and he causes damage to another person’s computer system, programme or data.
(2)
A claim by a person for damages sustained by reason of the offence is deemed to have been satisfied to the extent of any amount which has been paid to that person under an order for compensation.

(3)
An order made under subsection (1) shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order.

(4)
An order for compensation under this section is recoverable as a civil debt.

(5)
For the purposes of this section, a programme or data held in a computer system is deemed to be the property of the owner of the computer system.

Regulations.

  1. The Minister may make regulations generally for the purpose of giving effect to this Act.

Consequential amendments

  1. The enactments set out in the first column of the Schedule are amended in the manner set out opposite thereto in the second column.
    Repeal
  2. The Computer Misuse Act, Cap. 124B is repealed.

Commencement

  1. This Act shall come into operation on a date to be fixed by Proclamation.

Read three times and passed the House of Assembly this day of , 2023.

Speaker
Read three times and passed the Senate this day of , 2023.
President
UTILITIES (AMENDMENT) ACT, 2023

OBJECTS AND REASONS
This Bill would make provision for the exemption of the supply of electricity from renewable energy resources from all or any of the provisions of the Utilities Act, Cap. 282 where that exemption is required in the public interest.
UTILITIES (AMENDMENT) ACT, 2023
Arrangement of Sections

  1. Short title
  2. Amendment of section 37 of Cap. 282

BARBADOS
A Bill entitled
An Act to make provision for the exemption of the supply of electricity from renewable energy resources from all or any of the provisions of the Utilities Act, Cap. 282 where that exemption is required in the public interest.
ENACTED by the Parliament of Barbados as follows:

Short title

  1. This Act may be cited as the Utilities (Amendment) Act, 2023.
    Amendment of section 37 of Cap. 282
  2. Section 37 of the Utilities Act, Cap. 282 is amended by inserting immediately after subsection (4) the following:
    “(5) The Minister may, on the recommendation of the Commission or, on his own initiative, exempt the supply of electricity from a renewable energy resource by a renewable energy producer from the application of all or any of the provisions of this Act, where the Minister is satisfied in all circumstances that the exemption is required in the public interest.”.
    Read three times and passed the House of Assembly this day of , 2023.

Speaker
Read three times and passed the Senate this day of
, 2023.

President
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT, 2023

OBJECTS AND REASONS
This Bill would amend the Mutual Assistance in Criminal Matters Act, Cap. 140A to make provision for mutual assistance in matters relating to computer-related crimes and for related matters.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT,

2023
Arrangement of Sections

  1. Short title
  2. Amendment of section 18 of Cap. 140A
  3. Insertion of new section 18A into Cap. 140A
  4. Insertion of new section 20A and 20B into Cap. 140A
  5. Amendment of section 29 of Cap. 140A
  6. Insertion of new section 34A into Cap. 140A

BARBADOS
A Bill entitled
An Act to amend the Mutual Assistance in Criminal Matters Act, Cap. 140A to make provision for mutual assistance in matters relating to computer-related crimes and for related matters.
ENACTED by the Parliament of Barbados as follows:

Short title

  1. This Act may be cited as the Mutual Assistance in Criminal Matters (Amendment) Act, 2023.

Amendment of section 18 of Cap. 140A

  1. Section 18 of the Mutual Assistance in Criminal Matters Act, Cap. 140A in this Act referred to as the principal Act is amended by
    (a) inserting immediately after subsection (3) the following new subsections:
    “(3A) Where an action on a request for assistance would prejudice a criminal investigation or a criminal proceeding conducted by its authorities, the central authority for Barbados may postpone an action.
    (3B) Before refusing or postponing assistance, the central authority for Barbados shall, where appropriate after having consulted with the Commonwealth country, consider whether the request may be granted partially or subject to such conditions as it deems necessary.
    (3C) The central authority for Barbados shall
    (a)
    promptly inform the Commonwealth country of the outcome of the execution of a request for assistance;

(b)
give reasons for any refusal or postponement of the request; or

(c)
inform the Commonwealth country of any reasons that render impossible the execution of the request or are likely to delay it significantly.”;

(b) deleting subsection (4) and substituting the following:
“(4) Where a Commonwealth country makes a request for assistance, the central authority for Barbados may supply information or material on the condition that it is
(a)
kept confidential; or

(b)
not used for investigations or proceedings other than those stated in the request for assistance.”; and

(c) inserting immediately after subsection (4) the following new subsections:
“(4A) Where a Commonwealth country cannot comply with a condition referred to in subsection (4), it shall promptly inform the central authority for Barbados.
(4B) Where a Commonwealth country has informed the central authority for Barbados that it is unable to comply with a condition under subsection (4), the central authority for Barbados shall determine whether the information is to be provided.
(4C) A Commonwealth country that accepts a condition in accordance with subsection (4) shall be bound by it.
(4D) Where the central authority for Barbados supplies information or material subject to a condition referred to in subsection (4), it may require the Commonwealth country to explain, in relation to that condition, the use made of such information or material.
(4E) Where, in the opinion of the central authority for Barbados, the expense involved in complying with a request for assistance would be of an extraordinary nature, the central authority for Barbados
(a) shall consult with the central authority for the country as to the terms and conditions under which compliance with the request may continue; or
(b) may refuse to continue further with the request in the absence of an agreement as to the terms and conditions for compliance with a request.”.
Insertion of new section 18A into Cap. 140A

  1. The principal Act is amended by inserting immediately after section 18 the following new section:

“Confidentiality of request for assistance
18A.(1) A Commonwealth country may require that a request for assistance under this Act be kept confidential except to the extent necessary for its execution.
(2)
Where a request for confidentiality under subsection (1) cannot be complied with, the central authority for Barbados shall promptly inform the Commonwealth country.

(3)
Where the central authority for Barbados has informed a Commonwealth country that it is unable to comply with a request for confidentiality under subsection (1), the Commonwealth country shall determine whether the request for assistance is to be executed.”.

Insertion of new section 20A and 20B into Cap. 140A

  1. The principal Act is amended by inserting immediately after section 20 the following new sections:

“Assistance in expediting preservation of computer data
20A.(1) A Commonwealth country may request that the central authority for Barbados obtain an order for the expeditious preservation of data stored in a computer system
(a)
located within Barbados; and

(b)
in respect of which the country intends to submit a request for mutual assistance in relation to

(i)
search or similar access of the data;

(ii)
seizure or similar securing of the data; or

(iii) disclosure of the data.
(2)
A request for preservation made under subsection (1), shall specify the following:

(a)
the authority seeking the preservation;

(b)
the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;

(c)
the stored computer data to be preserved and its relationship to the offence;

(d)
any available information identifying the custodian of the stored computer data or the location of the computer system;

(e)
the necessity of the preservation; and

(f)
that the Commonwealth country intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.

(3)
Dual criminality shall not be a requirement to comply with a request under subsection (1).

(4)
Notwithstanding any provision in this Part, the central authority for Barbados may refuse a request for preservation where

(a)
the request concerns an offence of a political character; or

(b)
the granting of the request would be contrary to the Constitution or would prejudice the security, international relations or any substantial interest relating to national security or other essential public policy of Barbados.

(5)
Where in the opinion of the central authority for Barbados a request for preservation may

(a)
not ensure the future availability of the data; or

(b)
threaten the confidentiality of or prejudice the investigation of the Commonwealth country,

the central authority shall promptly inform the Commonwealth country.
(6)
Where the Commonwealth country is informed in accordance with subsection (5), it shall determine whether the request for assistance is to be executed.

(7)
The Commissioner of Police, or any other officer designated by him in writing, may make an ex parte application for a preservation order to a Judge or magistrate where

(a)
computer data, including traffic data, stored in a computer system is required for the purposes of a criminal investigation; and

(b)
there are grounds to believe that the computer data, including traffic data, stored in a computer system is particularly vulnerable to loss or modification.

(8)
Where the Commissioner of Police satisfies a Judge or magistrate on the basis of the ex parte application made under

subsection (7), the Judge or magistrate may make an order requiring the person in control of the computer system to
(a)
ensure that the computer data specified in the order be preserved for a period of up to 90 days;

(b)
maintain the integrity of the computer data for a period of up to 90 days; and

(c)
keep confidential any information or action relating to the preservation order.

(9)
Where the Commissioner of Police makes an ex parte application for an extension of a preservation order, a Judge or magistrate may extend the preservation order beyond the 90 day period for a further period of up to 90 days.

(10)
For the purposes of this section,

“computer data” means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a programme suitable to cause a computer system to perform a function;
“computer system” means a device or a group of inter-connected or related devices, one or more of which, pursuant to a programme, facilitates communication, performs automatic processing of data or any other function.

Assistance in expediting disclosure of preserved traffic data
20B.(1) Where in the execution of a request made under section 20A, Barbados discovers that a service provider in another country was involved in the transmission of the communication, Barbados shall expeditiously disclose to the Commonwealth country
(a) a sufficient amount of traffic data to identify that service provider; and
(b) the path through which the communication was transmitted.
(2) Notwithstanding subsection (1), Barbados may refuse to disclose traffic data where
(a)
the request concerns an offence of a political character;

(b)
the granting of the request would be contrary to the Constitution or would prejudice the security, international relations or any substantial interest relating to national security or other essential public policy of Barbados.”.

Amendment of section 29 of Cap. 140A

  1. Section 29 of the principal Act is amended in subsection (1)
    (a)
    in paragraph (a) by deleting the word “and” appearing immediately after the word “matters;”;

(b)
by inserting immediately after paragraph (b), the following paragraph:

“(c) to any country which is party to the Budapest Convention on Cybercrime.”.
Insertion of new section 34A into Cap. 140A

  1. The principal Act is amended by inserting the following new section immediately after section 34:
    “Spontaneous information
    34A.(1) Subject to any enactment relating to mutual assistance, the central authority may, without a request, forward information obtained within the framework of its investigations to a country if the disclosure of such information is likely to
    (a)
    assist the receiving country in initiating or carrying out an investigation or proceedings concerning criminal offences; or

(b)
lead to a request for co-operation by that country.

(2)
Notwithstanding subsection (1), the central authority may request, that prior to providing such information, it be kept confidential or only used subject to conditions.

(3)
Where the receiving country is unable to comply with a request made under subsection (2), it shall notify the central authority which shall determine whether the information should nevertheless be provided.

(4)
Where the receiving country accepts the information subject to the conditions, it shall be bound by them.”.

Read three times and passed the House of Assembly this day of , 2023.
Speaker
Read three times and passed the Senate this day of , 2023.
President