Electronic Crimes Act, 2013 18 No. 14 of 2013 No. 14 of 2013 7 Electronic Crimes Act, 2013 (a) allowing the collection or recording of traffic data, in real time, associated with specified communications transmitted by means of an electronic system; or “plain version” means original data before it has been transformed or scrambled to an unreadable or incomprehensible format; (b) compelling a service provider, within its technical capabilities to effect such collection and recording referred to in paragraph (a) or assist the police officer to effect such collection and recording. “service provider” means– 21. Mobile phone tracking in emergencies (1) A mobile phone service provider shall provide mobile phone tracking to the Royal Police Force of Antigua and Barbuda upon request in cases of emergencies with respect to the mobile phone of a person involved in such emergency. (2) For the purpose of this section, “cases of emergency” include cases of accidents, missing persons and the pursuit of suspects involved in murder, rape, kidnapping or any indictable offence punishable by at least five years imprisonment or more. (a) a person who provides an information and communication service including the sending, receiving, storing or processing of the electronic communication or the provision of other services in relation to it through an electronic system; (b) a person who owns, possesses, operates, manages or controls a public switched network or provides telecommunications services; or (c) any other person that processes or stores data on behalf of such electronic communication service or users of search service; “source code” means the listing of programs, electronic commands, design and layout and program analysis of an electronic system in any form; (3) A mobile phone provider who contravenes subsection (1) commits a summary offence and is liable on conviction to a fine of twenty five thousand dollars. “subscriber” means a person using the services of a service provider; 22. Arrest without warrant “subscriber information” means any information contained in any form that is held by a service provider, relating to subscribers of its services other than traffic data and by which can be established, A police officer may, without warrant, arrest a person reasonably suspected of committing an offence under this Act. 23. Deletion A Magistrate/Judge in Chambers may, on application by a police officer and being satisfied that an electronic system contains data that contains indecent photographs of children, order that the data be– (a) no longer stored on or be made available through the electronic system; or (b) deleted or destroyed. 24. Limited use of data and information A person shall not intentionally, without lawful excuse or justification use or disclose data obtained pursuant to this Part for any purpose other than that for which the data was originally sought except– (a) in accordance with any other enactment; (b) in compliance with an order of the Magistrate/ Judge in Chambers; (c) where the data is required for the purpose of preventing, detecting or investigating (a) the type of communication service used, the technical provisions taken there to and the period of service; (b) the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement; or (c) any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement; “traffic data” means any data relating to a communication by means of an electronic system, generated by an electronic system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service; and “unauthorized access” means access of any kind by a person to an electronic system or data held in an electronic system which is unauthorized or done without authority or is in excess of authority, if the person is not himself entitled to control access of the kind in question to the electronic system or data and the person does not have consent to such access from a person so entitled.