LAWS OF SAINT CHRISTOPHER
AND NEVIS
Revision Date: 31 Dec 2017
Electronic Crimes Act
CAP. 4.41
17
collection or recording of content data associated with specified
communications transmitted by means of a computer system; or
(b) authorise a police officer to collect or record that data through
application of technical means.
(2) An internet service provider who without lawful authority discloses—
(a) the fact that an order under subsection (1), or sections 18 to 21 has
been made; or
(b) anything done under the order; or
(c) any data collected or recorded under the order,
commits an offence and is liable on conviction to a fine of fifty thousand dollars.
(3) An internet service provider is not liable under a civil or criminal law of
St. Christopher and Nevis for the disclosure of any data or other information that he
discloses under this section or sections 18 to 21.
Expedited preservation of computer data.
23. (1) Where a police officer is satisfied that there are grounds to believe that
computer data which is reasonably required for the purposes of a criminal
investigation is particularly vulnerable to loss or modification, the police officer may,
by written notice given to a person in control of the computer data, require the person
to ensure that the computer data specified in the notice is preserved for a period of up
to seven days as specified in the notice.
(2) The period referred to in subsection (1) may be extended beyond the seven
days if, on an ex parte application, a Magistrate authorises an extension for a further
specified period of time.
Use of forensic software.
24. (1) If a judge is satisfied, upon application and on the basis of information
given on oath, that in an investigation concerning an offence there are reasonable
grounds to believe that essential evidence cannot be collected by applying other
provisions of this Act but is reasonably required for the purposes of a criminal
investigation, the judge may authorise a police officer to utilise a remote forensic
software with the specific task required for the investigation and install it on the
suspect’s computer system in order to collect the relevant evidence.
(2) The application made pursuant to the provisions of subsection (1) shall
contain the following information—
(a) suspect of the offence, if possible with name and address;
(b) description of the targeted computer system;
(c) description of the intended measure, extent and duration of the
utilisation; and
(d) reasons for the necessity of the utilisation.
(3) In granting the authorisation, the judge may require that in such
investigation the police officer should ensure that modifications to the computer
system of the suspect are limited to those essential for the investigation and that any
changes if possible can be undone after the end of the investigation.
(4) During the investigation it shall be necessary to log—