282
THE OFFICIAL GAZETTE [Lecat Supplement]
No. 16]
LAWS
OF
—
A
13™ AUGUST, 2018
GUYANA
[A.D. 2018
PART II
CYBERCRIME OFFENCES
Illegal access to a
computer system.
3. (1) A person commits an offence if the person intentionally, without
authorisation
or in excess
of authorisation,
or by infringing
any
security
measure, accesses a computer system or any part of a computer system of
another person.
(2) A person who commits an offence under subsection (1) is liable —
(a) on summary conviction to a fine of three million dollars and to
imprisonment for three years; or
(b) on conviction on indictment to a fine of five million dollars
and to imprisonment for five years.
Illegal interception.
4. (1)
A person commits an offence if the person intentionally and
without lawful excuse or justification, intercepts —
(a) the transmission of electronic data or any communication of
another person to, from or within a computer system; or
(b) any electromagnetic emission carrying electronic data from a
computer system.
(2) A person does not commit an offence under subsection (1) if—
(a) the transmission is for use of the general public;
(b)
the person is a party to the transmission, or one of the parties
to the transmission has provided consent to such interception;
(c)
the person is acting on behalf of a service provider and the
interception either is necessary to provide the service, or to
protect the rights and property of the service provider or its
customers,
consistent
with
the service provider’s
terms
of
reference;
(d)
the transmission
is intercepted
in obedience
to a warrant
issued by a Judge under section 6 of the Interception of
Communications Act;
Cap. 47:03
(e)
the
transmission
is intercepted
under
the
Interception
of
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