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L.R.O. 2005

Computer Misuse

CAP. 124B

CHAPTER 124B
COMPUTER MISUSE
ARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY
1.

Short title.

2.

Application.

3.

Interpretation.
PART IIPROHIBITED CONDUCT

4.

Illegal access.

5.

Interfering with data.

6.

Interfering with computer system.

7.

Illegal interception of data etc.

8.

Illegal devices.

9.

Access with intention to commit offence.

10.

Unauthorised disclosure of access code.

11.

Offences involving restricted computer systems.

12.

Unauthorised receiving or giving of access to computer programme or data.

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SECTION

13.

Child pornography.

14.

Malicious communications.
PART IIIINVESTIGATION AND ENFORCEMENT

15.

Search and seizure.

16.

Assisting a police officer.

17.

Record of seized data to be provided to owner.

18.

Production of data for criminal proceedings.

19.

Order for disclosure of data.

20.

Preservation of data for criminal proceedings.

21.

Order for payment of compensation.

22.

Regulations.
_______________SCHEDULE

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CAP. 124B

Computer Misusess.1-3

CHAPTER 124B
COMPUTER MISUSE
An Act to make provision for the protection of computer systems and 2005-4.
the information contained in those systems from unauthorised
access, from abuse by persons authorised to have access andrelated matters.
[18th July, 2005] 2005/86.
PART IPRELIMINARY
1. This Act may be cited as the Computer Misuse Act.

Short title.

2. This Act applies to an act done or an omission madeApplication.

(a) in Barbados;(b) on a ship or aircraft registered in Barbados; or(c) by a national of Barbados outside the territory of Barbados, if
the person's conduct would also constitute an offence under
the law of a country where the offence was committed.
3. (1) In this Act

Interpretation.

"computer data" means any representation of facts, information orconcepts in a form suitable for processing in a computer system,
including a programme suitable to cause a computer system toperform a function;"computer data storage medium" means any article or material
from which information is capable of being reproduced, with orwithout the aid of any other article or device;

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s.3"computer system" means a device or a group of inter-connected or
related devices, including the Internet, one or more of which,pursuant to a programme, facilitates communication, performs
automatic processing of data or any other function;"damage" includes(a) any impairment to a computer or the integrity or availabilityof any data or programme held in a computer;(b) the impairment of the confidentiality of information held in
a computer;"electronic, acoustic, mechanical or other device" means any device
or apparatus that is used or capable of being used to intercept any
function of a computer;"intercept" includes, in relation to a computer, listening to orrecording a function of a computer, or acquiring the substance,
meaning or purport of the function;"programme or computer programme" means data or a portion of data
representing instructions or statements that, when executed in acomputer, causes the computer to perform a function;"service provider" means(a) a public or private entity that provides to users of its
services the ability to communicate by means of a computer
system; and(b) any other entity that processes or stores computer data on
behalf of that entity or those users;"traffic data" means computer data that(a) relates to a communication by means of a computer system;(b) is generated by a computer system that is part of a chain ofcommunication; and5

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Computer Misuse

CAP. 124B
s.3(c) shows the origin, destination, route, time, date, size,
duration of the communication of the type of underlying
services used to generate the data.
(2) For the purposes of this Act, access of any kind by any person
to any programme or data held in a computer is unauthorised or
obtained without authority if(a) the person is not entitled to access of the kind in question to
the programme or data; and(b) the person(i)does not have permission to access the programme or data;or(ii) exceeds any right or permission to access the programme
or datafrom any person who may permit such access.
(3) A reference in this Act to any "programme or data" held in acomputer includes a reference to(a) any programme or data held in any removable storage medium
which is for the time being in the computer; or(b) any programme or data held in any storage medium which isexternal to the computer, but which is connected to it.
(4) For the purposes of this Act, a modification of the contents ofany computer takes place if, by the operation of any function of thecomputer concerned or of any other computer(a) any programme or data held in the computer is altered or erased;(b) any programme or data is added to any programme or data
held in the computer; or

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s.4(c) any act occurs which impairs the normal operation of any
computer,and any act which contributes towards such a modification shall be
regarded as causing it.
(5) Any modification referred to in subsection (4) is unauthorised
if the person whose act causes the modification(a) is not entitled to determine whether the modification should
be made; and(b) has not obtained the consent of the person who is entitled toconsent to the modification.
(6) A reference in this Act to a programme includes a reference toa part of a programme.
PART IIPROHIBITED CONDUCTIllegalaccess.

4. (1) A person who knowingly or recklessly, and without lawful
excuse or justification,(a) gains access to the whole or any part of a computer system;(b) causes a programme to be executed;(c) uses the programme to gain access to any data;(d) copies or moves the programme or data(i)to any storage medium other than that in which that
programme or data is held; or(ii) to a different location in the storage medium in whichthat programme or data is held; or(e) alters or erases the programme or data
is guilty of an offence and is liable on conviction on indictment to afine of $25 000 or to imprisonment for a term of 2 years or to both.

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Computer Misuse

CAP. 124B
ss.5-6(2) For the purposes of subsection (1), the form in which any
programme is obtained or copied and, in particular, whether or not it
represents a form in which it is capable of being executed, isimmaterial.
5. (1) A person who knowingly or recklessly, and without lawful Interferingwith data.
excuse or justification,(a) destroys or alters data;(b) renders data meaningless, useless or ineffective;(c) obstructs, interrupts or interferes with the lawful use of data;(d) obstructs, interrupts or interferes with any person in the lawful
use of data; or(e) denies access to data to any person entitled to the data;
is guilty of an offence and is liable on conviction on indictment to afine of $50 000 or to imprisonment for a term of 5 years or to both.
(2) Subsection (1) applies whether the person's act is of
temporary or permanent effect.
6. A person who knowingly or recklessly, and without lawful Interferingwithexcuse or justification,
computer(a) hinders the functioning of a computer system by(i)preventing the supply of electricity, permanently orotherwise, to a computer system;(ii) causing electromagnetic interference to a computer
system;(iii) corrupting the computer system by any means;(iv) adding, deleting or altering computer data; or

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system.

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ss.7-8(b) interferes with the functioning of a computer system or with aperson who is lawfully using or operating a computer system
is guilty of an offence and is liable on conviction on indictment to afine of $50 000 or to imprisonment for a term of 5 years or to both.
Illegal interception ofdata etc.

7. A person who knowingly and without lawful excuse or
justification intercepts by technical means(a) any transmission to, from or within a computer system that is
not available to the public; or(b) electromagnetic emissions that are carrying computer data froma computer system
is guilty of an offence and is liable on conviction on indictment to afine of $50 000 or to imprisonment for a term of 5 years or to both.

Illegaldevices.

8. A person who knowingly or recklessly, and without lawful
excuse or justification,(a) supplies, distributes or otherwise makes available(i)a device, including a computer programme, that isdesigned or adapted for the purpose of committing an
offence under section 4, 5, 6 or 7; or(ii) a computer password, access code or similar data by which
the whole or any part of a computer system is capable ofbeing accessed, with the intent that it be used by any
person for the purpose of committing an offence under
section 4, 5, 6 or 7; or(b) has an item mentioned in paragraph (a)(i) or (ii) in his
possession with the intent that it be used by any person for the
purpose of committing an offence under section 4, 5, 6 or 7
is guilty of an offence and is liable on conviction on indictment to afine of $50 000 or to imprisonment for a term of 5 years or to both.

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ss.9-11

9. A person who knowingly uses a computer to perform any Access with
tofunction in order to secure access to any programme or data held in intention
committhat computer or in any other computer with the intention to commit offence.
an offence involving property, fraud or dishonesty is guilty of an offence
and is liable on conviction on indictment to a fine of $50 000 or to
imprisonment for a term of 5 years or to both.
10. (1) A person who knowingly and without authority discloses Unany password, access code or any other means of gaining access to authorised
disclosure ofany programme or data held in a computer is guilty of an offence and access code.
is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 12 months or to both and, in the case of a second or
subsequent conviction, to a fine of $20 000 or to imprisonment for aterm of 2 years or to both(2) A person who knowingly and without authority discloses any
password, access code or any other means of gaining access to any
programme or data held in a computer(a) for any unlawful gain, whether to himself or to anotherperson;(b) for an unlawful purpose; or(c) knowing that it is likely to cause unlawful damage
is guilty of an offence and is liable on conviction on indictment to afine of $50 000 or to imprisonment for a term of 5 years or to both and,in the case of a second or subsequent conviction, to a fine of $100 000
or to imprisonment for a term of 7 years or to both.
11. (1) Where a person who does not possess the relevant Offences
authorisation for gaining access to a restricted computer system involving
restrictedcomputer(a) gains access to the system, that person is guilty of an offence systems.
and is liable on conviction on indictment to a fine of $50 000
or to imprisonment for a term of 5 years or to both;

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CAP. 124B

Computer Misuse

L.R.O. 2005 10s.12(b) gains access to a restricted computer system in the course of
the commission of an offence under section 4, 5, 6 or 7, theperson convicted of that offence is, in lieu of the penalty
prescribed in those sections, liable, on conviction on indictment, to a fine of $100 000 or to imprisonment for a term of
7 years or to both.
(2) It is a defence to a charge brought under subsection (1) to provethat access to a restricted computer system was obtained inadvertently
and with no intent to commit an offence.

Schedule.

(3) For the purposes of subsection (1), a "restricted computer
system" means any system or part of a system belonging to the entities
set out in the Schedule, that is not available for access to the public
and in respect of which notice of the restriction is given(a) in the Official Gazette and in a newspaper published daily in
Barbados; and(b) on a computer at the time when the attempt is made to gain
access to the system.

Schedule.

Unauthorised
receiving or
giving ofaccess tocomputerprogrammeor data.

(4) The Minister may by order amend the Schedule by adding toor deleting from the list of entities set out in the Schedule.
12. (1) Where a person who is not authorised(a) to have a programme or computer data; or(b) to have access to any programme or data held in a computer
receives or is given access to that programme or data, he is guilty of an
offence whether or not the person from whom the programme or data
was received or through whom access was attained was authorised tomake it available to him.

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CAP. 124B
s.13(2) A person who is authorised to receive a programme orcomputer data or to have access to any programme or data held in acomputer is guilty of an offence where he receives the programme ordata or access thereto knowing that the person from whom he received
the programme or data or from whom he received the access obtained
it through unauthorised means.
(3) A person who has obtained any programme or computer dataor programme or data held in a computer through authorised means is
guilty of an offence where he gives that programme or data to anotherperson who he knows is not authorised to receive or have access tothat programme or data.
(4) A person is guilty of an offence where he obtains any
programme or data held in a computer through unauthorised means
and gives the programme or data to another person, whether or not heknows that the person to whom he has given the programme or data isauthorised to receive or have access to that programme or data.
(5) A person who is guilty of an offence under this section is liable
on conviction on indictment to a fine of $50 000 or to imprisonment
for a term of 5 years or to both.
13. (1) A person who, knowingly,(a) publishes child pornography through a computer system; or(b) produces child pornography for the purpose of its publication
through a computer system; or(c) possesses child pornography in a computer system or on acomputer data storage medium for the purpose of publication
is guilty of an offence and is liable on conviction on indictment,(i)in the case of an individual, to a fine of $50 000 or to
imprisonment for a term of 5 years or both; or(ii) in the case of a corporation, to a fine of $200 000.

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Child pornography.

CAP. 124B

Computer Misuse

L.R.O. 2005 12s.14(2) It is a defence to a charge of an offence under subsection (1)(i)or (ii) if the person establishes that the child pornography was for abona fide research, medical or law enforcement purpose.
(3) For the purposes of subsection (1),(a) "child pornography" includes material that visually depicts(i)a minor engaged in sexually explicit conduct; or(ii) a person who appears to be a minor engaged in sexually
explicit conduct; or(iii) realistic images representing a minor engaged in sexually
explicit conduct;(b) "publish" includes(i)distribute, transmit, disseminate, circulate, deliver, exhibit,
lend for gain, exchange, barter, sell or offer for sale, leton hire or offer to let on hire, offer in any other way, or
make available in any way;(ii) have in possession or custody, or under control, for the
purpose of doing an act referred to in paragraph (a); or(iii) print, photograph, copy or make in any other manner,
whether of the same or of a different kind or nature, forthe purpose of doing an act referred to in paragraph (a).
Malicious
communications.

14. Where a person uses a computer to send a message, letter,electronic communication or article of any description that(a) is indecent or obscene;(b) is or constitutes a threat; or(c) is menacing in character,and he intends to cause or is reckless as to whether he causes
annoyance, inconvenience, distress or anxiety to the recipientor to any other person to whom he intends it or its contents to be13 L.R.O. 2005

Computer Misuse

CAP. 124B
s.15

communicated, he is guilty of an offence and is liable on summaryconviction to a fine of $10 000 or to imprisonment for a term of
12 months or to both.
PART IIIINVESTIGATION AND ENFORCEMENT
15. (1) Where a magistrate is satisfied, on information on oath Search andgiven by a police officer, that there are reasonable grounds for seizure.
suspecting that an offence under this Act has been or is about to becommitted in any place and that evidence that such an offence has
been or is about to be committed is in that place, the magistrate may
issue a warrant authorising any police officer to enter and search thatplace, including any computer, using such reasonable force as isnecessary.
(2) A warrant issued under this section may authorise a police
officer to(a) seize any computer, data, programme, information, document
or thing if he reasonably believes that it is evidence that anoffence under this Act has been or is about to be committed;(b) inspect and check the operation of any computer referred to inparagraph (a);(c) use or cause to be used any computer referred to inparagraph (a) to search any programme or data held in oravailable to such computer;(d) have access to any information, code or technology which has
the capability of transforming or converting an encrypted
programme or data held in or available to the computer intoreadable and comprehensible format or text, for the purpose ofinvestigating any offence under this Act;THE LAWS OF BARBADOS
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CAP. 124B

Computer Misuse

L.R.O. 2005 14s.15(e) convert an encrypted programme or data held in anothercomputer system at the place specified in the warrant, where
there are reasonable grounds for believing that computer data
connected with the commission of the offence may be stored
in that other system;(f)make and retain a copy of any programme or data held in thecomputer referred to in paragraph (a) or (e) and any otherprogramme or data held in the computers.

(3) A warrant issued under this section may authorise therendering of assistance by an authorised person to the police officer inthe execution of the warrant.
(4) A person who obstructs a police officer in the execution of his
duty under this section or who fails to comply with a request under
this section is guilty of an offence and is liable on summary conviction
to a fine of $15 000 or to imprisonment for a term of 18 months or toboth.
(5) For the purposes of this section,"authorised person" means a person who has the relevant training andskill in computer systems and technology who is identified, in
writing, by the Commissioner of Police or a gazetted officer
designated by the Commissioner as authorised to assist thepolice;"encrypted programme or data" means a programme or data which
has been transformed from its plain text version to an unreadable
or incomprehensible format, regardless of the technique utilised
for such transformation and irrespective of the medium in whichsuch programme or data occurs or can be found, for the purposeof protecting the content of such programme or data;"plain text version" means a programme or original data before it has
been transformed to an unreadable or incomprehensible format.

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ss.16-17

16. (1) A police officer executing a warrant in accordance with Assisting asection 15 is entitled to require a person who is in possession or police
officer.
control of a computer data storage medium or computer system that is
the subject of the search to assist him or an authorised person to(a) access and use a computer system or computer data storage
medium to search any computer data available to or in thesystem;(b) obtain and copy computer data referred to in paragraph (a);(c) use equipment to make copies;(d) obtain access to decryption information necessary to decrypt
computer data required for the purpose of investigating thecommission of the offence; and(e) obtain an intelligible output from a computer system in a plain
text format that can be read by a person.
(2) A person who fails without lawful excuse or justification toassist a police officer in accordance with subsection (1) is guilty of an
offence and is liable on summary conviction to a fine of $15 000 or to
imprisonment for a term of 18 months or to both.
(3) For the purposes of this section, "decryption information"means information or technology that enables a person to readily transform an encrypted programme or data from its unreadable andincomprehensible format to its plain text version.
17. (1) Where a computer system or computer data has been Record ofdata
removed or rendered inaccessible to the owner or person who has seized
to becontrol of the system following a search or a seizure under section 15, provided tothe person who made the search shall, at the time of the search or as owner.
soon as practicable after the search,(a) make a list of what has been seized or rendered inaccessible,
with the date and time of seizure; andTHE LAWS OF BARBADOS
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CAP. 124B

Computer Misuse

L.R.O. 2005 16s.18(b) give a copy of that list to(i)the occupier of the premises; or(ii) the person in control of the computer system.
(2) Subject to subsection (3), a police officer or authorised person
shall, on request,(a) permit a person who had the custody or control of thecomputer system, or someone acting on behalf of that person,
to gain access to and copy computer data on the system; or(b) give the person referred to in paragraph (a), a copy of thecomputer data.
(3) The police officer or authorised person may refuse to giveaccess to or provide copies of computer data referred to in subsection (2) if he has reasonable grounds for believing that giving theaccess or providing the copies(a) would constitute a criminal offence; or(b) would prejudice(i)

the investigation in connection with which the search was
carried out; or(ii) another investigation connected to the one in respect ofwhich the search was carried out; or(iii) any criminal proceedings that are pending or that may bebrought in relation to any of those investigations.
Productionof data forcriminal
proceedings.

18. (1) Where a Judge is satisfied on the basis of an application
by a police officer that specified computer data or other information isreasonably required for the purpose of a criminal investigation or
criminal proceedings, the Judge may order that(a) a person in control of a computer system produce from thecomputer system specified computer data or other intelligible
output of that data; and17 L.R.O. 2005

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ss.19-20(b) an Internet service provider in Barbados produce information
about persons who subscribe to or otherwise use the service.
(2) A person referred to in paragraph (a) or (b) of subsection (1)who makes an unauthorised disclosure of any information under
his control is guilty of an offence and is liable on conviction on
indictment,(a) in the case of an individual, to a fine of $50 000 or to
imprisonment for a term of 5 years or both; or(b) in the case of a corporation, to a fine of $200 000.
19. Where a Judge is satisfied on the basis of an ex parte applica- Order fortion by a police officer that specified data stored in a computer system disclosureof data.
is reasonably required for the purpose of a criminal investigation or
criminal proceedings, the Judge may order that a person in control of
the computer system disclose sufficient traffic data about a specified
communication to identify(a) the Internet service providers; and(b) the path through which the communication was transmitted.
20. (1) Where a police officer satisfies a Judge on the basis of an Preservation of
ex parte application thatdata forcriminal(a) data stored in a computer system is reasonably required for the proceedings.
purposes of a criminal investigation; and(b) there is a risk that the data may be destroyed or rendered
inaccessible,
the Judge may make an order requiring the person in control of thecomputer system to ensure that the data specified in the order bepreserved for a period of up to 14 days.
(2) The period may be extended beyond 14 days where, on an
ex parte application, a Judge authorises an extension for a further
specified period of time.

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ss.21-22
Order forpayment ofcompensation.

21. (1) The court before which a person is convicted of any
offence under this Act may make an order against him for the paymentof a sum to be fixed by the court by way of compensation to any
person for any damage caused to that person's computer, programme
or data as a result of the commission of an offence for which thesentence is passed.
(2) A claim by a person for damages sustained by reason of theoffence is deemed to have been satisfied to the extent of any amountwhich has been paid to that person under an order for compensation;
but the order shall not prejudice any right to a civil remedy for therecovery of damages beyond the amount of compensation paid under
the order.
(3) An order for compensation under this section is recoverable asa civil debt.
(4) For the purposes of this section, a programme or data held in acomputer is deemed to be the property of the owner of the computer.

Regulations.

22. The Minister may make regulations generally for the purposeof giving effect to this Act.

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SCHEDULE(Section 11)(a)Archives Department;(b)

Barbados Defence Force;(c)Central Bank of Barbados;(d)Customs Department;(e)Director of Public Prosecutions;(f)Electoral and Boundaries Commission;(g)

Financial Intelligence Unit;(h)

Forensic Laboratory.

(i)

Immigration Department;(j)Inland Revenue Department;(k)Lands and Survey Department;(l)Land Tax Department;(m)

Licensing Authority;(n)National Insurance Department;(o)National Library Service;(p)

Office of the Attorney-General;(q)

Queen Elizabeth Hospital;(r)

Registration Department;(s)Royal Barbados Police Force;(t)

the Supreme Court of Judicature; andTHE LAWS OF BARBADOS
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CAP. 124B

(u)Cap. 308.

Cap. 282.

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any
(i)

statutory corporation;(ii)

company incorporated under the Companies Act; or(iii)

other entitythat provides a utility service within the meaning of the Utilities
Regulation Act.