Revised Laws of Saint Lucia (2021)

PART 5
COMMUNICATIONS DATA

24.   Disclosure of communications data

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   (1)   For the purposes of this section—

“designated person” means the Minister or person designated for the purposes of this section by the Minister by order published in the Gazette;

“traffic data” in relation to a communication, means any communication data—

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   (a)     identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted, and “data” in relation to a postal article, means anything written on the outside of the postal article;

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   (b)     identifying or selecting, or purporting to identify or select, apparatus through or by means of which the communication is or may be transmitted;

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   (c)     comprising signals for the actuation of—

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      (i)     apparatus used for the purposes of a telecommunications network for effecting, in whole or in part, the transmission of any communications, or

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      (ii)     any telecommunications network in which that apparatus is comprised;

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   (d)     identifying the data or other data as data comprised in or attached to a particular communication; or

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   (e)     identifying a computer file or a computer programme, access to which is obtained or which is run by means of the communication, to the extent only that the file or the programme is identified by reference to the apparatus in which it is stored, and references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other.

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   (2)   Where it appears to the designated person that a telecommunications provider is or may be in possession of, or capable of obtaining, any communications data, the designated person may, by notice in writing, require the telecommunications provider—

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      (a)     to disclose to an authorised officer all of the data in his or her possession or subsequently obtained by him or her, or

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      (b)     if the telecommunications provider is not already in possession of the data, to obtain the data and to disclose the data to an authorised officer.

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   (3)   A designated person shall not issue a notice under subsection (2) in relation to any communications data unless he or she is satisfied that it is necessary to obtain the data and to disclose the data to an authorised officer so disclose it.

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   (4)   A designated person shall not issue a notice under subsection (2) in relation to any communication data unless he or she is satisfied that it is necessary to obtain that data—

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      (a)     in the interests of national security;

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      (b)     for the purpose of preventing or detecting an offence specified in the Schedule where there are reasonable grounds to believe that such an offence is being or may be committed;

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      (c)     in the interests of public order;

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      (d)     in the interests of public morality;

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      (e)     in the interest of public health;

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      (f)     for the purpose in an emergency, of preventing death, injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health; or

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   (4)   A notice under this section shall state—

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      (a)     the communication data in relation to which it applies;

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      (b)     the authorised officer to whom the disclosure is to be made;

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      (c)     the manner in which the disclosure is to be made;

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      (d)     the matters falling within subsection (3) by reference to which the reference is issued; and

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      (e)     the date on which it is issued.

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   (5)   A notice under this section shall not require—

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      (a)     any communications data to be obtained after the end of the period of one month beginning on the date on which the notice is issued; or

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      (b)     the disclosure, after the end of such period, of any communications data not in the possession of the provider of the telecommunications service, or required to be obtained by him or her, during that period.

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   (6)   The provisions of sections 21 and 22 shall apply, with necessary modifications, in relation to the disclosure of data under a notice under to this section.

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   (7)   Subject to subsection (8), a provider of a telecommunications service, to whom a notice is issued under this section, shall not disclose to any person the existence or operation of the notice, or any information from which such existence or operation could reasonably be inferred.

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   (8)   The disclosure referred to in subsection (7) may be made to—

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      (a)     an officer or agent of the service provider for the purpose of ensuring that the notice is complied with; or

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      (b)     an attorney-at-law for the purpose of obtaining legal advice or representation in relation to the notice;

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   and a person referred to in paragraph (a) or (b) shall not disclose the existence or operation of the notice, except to the authorised officer specified in the notice for the purpose of—

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      (i)     ensuring that the notice is complied with, or obtaining legal advice or representation in relation to the notice, in the case of an officer or agent of the service provider; or

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      (ii)     giving legal advice or making representations in relation to the notice, in the case of an attorney-at-law.

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   (9)   A person shall not disclose any communications data obtained under this Act, except—

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      (a)     as permitted by the notice;

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      (b)     in connection with the performance of his or her duties; or

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      (c)     where if the Minister directs that the disclosure be made to a foreign Government or agency of a foreign Government where there exists between Saint Lucia and that foreign Government an agreement for the mutual exchange of that kind of information and the Minister considers it to be in the public interest that such disclosure be made.

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   (10)   A person who contravenes subsection (7), (8) or (9) commits an offence and is liable, on summary conviction, to a fine not exceeding $5,000 or to a term of imprisonment for a term not exceeding one year or to both.