Revised Laws of Saint Lucia (2022)

PART 2
OFFENCES

5.   Unauthorized access to computer data

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   (1)   Subject to section 13 and subsections (3) and (4), a person shall not knowingly and without lawful authority, cause a computer system to perform any function for the purpose of securing access to any program or data held in that computer system or in any other computer system.

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   (2)   A person who contravenes subsection (1), commits an offence and is liable, on summary conviction—

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      (a)     in case of a first offence—

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         (i)     subject to subparagraph (ii), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both, and

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         (ii)     where the computer system is damaged, impaired, or where data contained in the computer system is suppressed or modified, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months, or to both;

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      (b)     in the case of a second or subsequent offence—

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         (i)     subject to subparagraph (ii), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both, and

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         (ii)     where the computer system is damaged impaired, or where data contained in the computer system is suppressed or modified, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding one year, or to both.

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   (3)   A person shall not be liable under subsection (1) if that person—

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      (a)     is the person with a right to control the operation or use of the computer system and exercises such right in good faith;

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      (b)     has the express or implied consent of the person empowered to authorize him or her to have such an access;

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      (c)     has reasonable grounds to believe that he or she had such consent as specified in paragraph (b);

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      (d)     is acting pursuant to measures that can be taken under Part 3; or

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      (e)     is acting in reliance of any statutory power arising under any enactment for the purpose of obtaining information, or of taking possession of, any document or other property.

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   (4)   An access by a person to a computer system is unauthorized if the person—

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      (a)     is not entitled or allowed to control access of the kind in question; and

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      (b)     does not have consent to the kind of access in question from any person who is entitled to give the consent.

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   (5)   For the purposes of this section, it is immaterial that the unauthorized access is not directed at—

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      (a)     any particular program or data;

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      (b)     a program or data of any kind; or

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      (c)     a program or data held in any particular computer system.