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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