Computer Misuse Act, Chapter 124B | Barbados

National Regulations

The Computer Misuse Act, Chapter 124B, enacted on 18 July 2005, is a legal framework designed to safeguard computer systems and the data they contain from unauthorised access, misuse, and cyber-related crimes. It also addresses acts committed by individuals authorised to access such systems but who abuse their privileges.

The Act is divided into three parts:

  1. Preliminary – Establishes definitions and scope.
  2. Prohibited Conduct – Outlines unlawful activities and penalties.
  3. Investigation and Enforcement – Provides mechanisms for addressing violations.

Key Articles and provisions

  1. Illegal access (Section 4)
    • Prohibits unauthorised access to any part of a computer system.
    • Includes copying, altering, or erasing data or programs without permission.
    • Penalty: Up to $25,000 fine, 2 years imprisonment, or both.
  2. Interference with data (Section 5)
    • Criminalises actions such as destroying, altering, or obstructing the lawful use of data.
    • Addresses temporary and permanent impacts on data integrity.
    • Penalty: Up to $50,000 fine, 5 years imprisonment, or both.
  3. Illegal interception of data (Section 7)
    • Targets the unauthorised interception of non-public data transmissions via technical means.
    • Penalty: Up to $50,000 fine, 5 years imprisonment, or both.
  4. Child pornography (Section 13)
    • Strictly prohibits the production, possession, or dissemination of child pornography through computer systems.
    • Individual Penalty: Up to $50,000 fine, 5 years imprisonment, or both.
    • Corporate Penalty: Up to $200,000 fine.
  5. Malicious communications (Section 14)
    • Prohibits sending messages via computer systems that are indecent, threatening, or menacing.
    • Penalty: Up to $10,000 fine, 12 months imprisonment, or both.
  6. Search and seizure (Section 15)
    • Empowers law enforcement officers, with judicial authorisation, to search premises and seize computer-related evidence.
    • Allows decryption of data and retention of evidence for criminal proceedings.
  7. Compensation for damages (Section 21)
    • Courts can order convicted individuals to compensate victims for damages to computers, programs, or data.
    • Amounts recovered are treated as civil debts.

Purpose and impact

The Computer Misuse Act is a pioneering legal instrument in Barbados that:

  • Deter cybercrimes by imposing stringent penalties.
  • Protects personal and organisational data integrity.
  • Facilitates law enforcement’s capacity to investigate and address cyber offenses effectively.