The Cybercrime Act 2021 of Kiribati

The Cybercrime Act 2021 of Kiribati establishes a legal framework for the prevention, investigation, and prosecution of crimes involving computer systems and data. It also provides for procedures to manage digital evidence and enables international cooperation on cybercrime.

Purpose and scope

The Act:

• Criminalises a broad range of computer-related offences.
• Grants authorities powers to investigate cybercrimes and secure digital evidence.
• Establishes rules for international cooperation in cybercrime matters.
• Applies within Kiribati and to certain offences committed by Kiribati nationals abroad or on Kiribati-registered ships/aircraft.

Key provisions

1. Establishment of a cybercrime unit

A Cybercrime unit within the Kiribati Police Service (KPS) is created to:

• Investigate cyber offences.
• Serve as the 24/7 Network Contact Point for international requests.
• Assist foreign counterparts in technical advice, data preservation, evidence collection, and suspect tracing.

2. Cybercrime offences and penalties

Offences include:

• Unauthorised access to computer systems or data.
• Unauthorised interception of non-public transmissions.
• Data interference: damaging, deleting, altering, or obstructing data access.
• System interference: hindering system operations via malicious input or suppression of data.
• Misuse of devices: possessing or distributing tools for committing cyber offences.
• Computer-related forgery and fraud.
• Child sexual abuse material offences, including production, possession, or distribution.
• Solicitation of children for sexual purposes online.
• Harassment and online abuse.
• Disclosure of investigation details without authorisation.

Penalties range from fines of up to $50,000 and imprisonment of up to 25 years, depending on the offence.

3. Procedural powers

Authorities may:

• Search and seize computer systems/data under a court warrant.
• Demand assistance from persons in control of relevant systems.
• Issue production orders for digital evidence.
• Preserve data urgently (up to 100 days).
• Collect traffic data and intercept content data under court orders.
• Safeguards ensure the protection of constitutional rights and child-specific protections.

4. International cooperation

The Act facilitates:

• Mutual legal assistance and cooperation with foreign authorities.
• Preservation of foreign-requested data.
• Real-time traffic data collection and extradition processes.
• Specific procedures for trans-border data access, even without treaties, when consent is granted or data is public.

5. Miscellaneous

• The Act overrides conflicting laws.
• Criminalizes copyright infringement using digital means.
• Sets penalties for violating investigation confidentiality.
• Grants the Minister power to make regulations.
• Repeals certain sections of older communications laws.

Significance

This Act brings Kiribati’s legal framework in line with global cybercrime standards, such as the Budapest Convention, and prepares the country for enhanced cross-border collaboration against digital crimes.