296
THE OFFICIAL GAZETTE [Lecat Supplement]
No. 16]
LAWS
(3)
OF
—
A
13™ AUGUST, 2018
GUYANA
[A.D. 2018
A person does not commit an offence under subsection (1)(b) if
the person —
(a)
does not know or suspect that the documents or electronic
data are relevant to the investigation; or
(b)
does not intend to falsify, conceal, destroy or otherwise
dispose
of
electronic
any
facts
disclosed
data
from
any
by
the
official
documents
carrying
out
or
the
investigation.
(4) A person who commits an offence under subsection (1) is liable(a)
on summary
conviction to a fine of five million dollars
and to imprisonment for three years; and
(b)
on conviction on indictment to a fine of eight million
dollars and to imprisonment for five years.
PART III
ENFORCEMENT
Service providers to
store traffic data and
subscriber
information.
25. (1) Subject to subsection (2), a service provider shall store traffic
data
of subscribers
for ninety
days
from
the date
on which
the data is
generated by a computer system.
(2) A Judge, if satisfied on an ex parte application by a police officer
of the rank of Superintendent or above that traffic data is reasonably required
for the purpose of a criminal investigation or criminal proceedings under this
Act or any other law, may order a service provider to store traffic data of
subscribers for a period of more than ninety days but not exceeding one year
on a special case by case basis.
(3) The service provider shall keep subscriber information from the
beginning of the service provision, and such information shall be kept for a
period of ninety days after the service agreement has ended.
(4) A service provider who fails to comply with this section commits
an offence and is liable on summary conviction to a fine of three million
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