Electronic Crimes Act, 2013 7. 10 No. 14 of 2013 (a) summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both; or (ii) conviction on indictment to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding seven years, or to both. (b) on conviction on indictment to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding five years, or to both. (a) any input, alteration, deletion or suppression of data; or (b) any interference with the functioning of an electronic system. (2) A person who contravenes subsection (1) commits an offence and is liable on(a) summary conviction to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding three years, or to both; or (b) conviction on indictment to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding seven years, or to both. Violation of privacy (1) Subject to subsection (2), a person who, intentionally or without lawful excuse or justification, captures, publishes or transmits the image of a private area of a person, or the image whether whole or partial of a person in a vulnerable position without his or her consent, under circumstances violating the privacy of that person, commits an offence and is liable on – (a) summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both; or on conviction on indictment to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding five years, or to both. (2) A person who commits an offence under subsection (1) is liable to face the same penalty specified in that subsection, where the victim of the offence is disabled or mentally incapacitated and incapable of giving his or her consent. (3) Electronic Crimes Act, 2013 summary conviction to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding three years, or to both; or Electronic fraud (b) 15 (i) (1) A person shall not, intentionally or without lawful excuse or justification, induce another person to enter into a relationship, with the intent to defraud that person or cause that person to act to his own detriment or suffer loss of property, by – 8. No. 14 of 2013 For the purposes of this section– “capture” with respect to an image, means to videotape, photograph, film or record by any means; 15. Unauthorised access to code (1) A person shall not intentionally, without lawful excuse or justification disclose or obtain a password, an access code or any other means of gaining access to an electronic system or data with intent to obtain wrongful gain or inflict wrongful loss to a person or for any unlawful purpose. (2) A person who contravenes subsection (1) commits an offence and is liable on(a) summary conviction to a fine of two hundred thousand dollars or to three years imprisonment, or to both; or (b) conviction on indictment to a fine not exceeding five hundred thousand dollars and to imprisonment for a term not exceeding seven years, or to both. PART III INVESTIGATIONS AND PROCEDURES 16. Preservation order (1) A police officer may apply to a Magistrate/Judge in Chambers for an Order for the expeditious preservation of data that has been stored or processed by means of an electronic system, where there are reasonable grounds to believe that the data is vulnerable to loss or modification and where such data is required for the purposes of a criminal investigation or the prosecution of an offence. (2) For the purposes of subsection (1), data includes traffic data and subscriber information. (3) An Order made under subsection (1) remains in force– (a) until such time as may be reasonably be required for the investigation of an offence; (b) where prosecution is instituted, until the final determination of the case; or (c) until such time as the Magistrate/Judge in Chambers determines necessary. 17. Disclosure of preserved data order A police officer may, for the purposes of a criminal investigation or the prosecution of an offence, apply to a Magistrate/Judge in Chambers for an Order for the disclosure of–