Computer Misuse Act, Chapter 124B | Barbados
July 2005
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:
- Preliminary – Establishes definitions and scope.
- Prohibited Conduct – Outlines unlawful activities and penalties.
- Investigation and Enforcement – Provides mechanisms for addressing violations.
Key Articles and provisions
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.