Guyana: The CyberCrime Act, 2018
The Cybercrime Act, 2018 is a law in Guyana that provides legal protection to citizens and government entities in the country against cyber crimes such as unauthorized access to computer systems, data theft, and identity fraud. The Act seeks to establish measures for detecting, investigating, prosecuting, and punishing cyber criminals and recovering property acquired through cybercrime. It also establishes the Guyana Cyber Crime Unit responsible for investigating cybercrimes.
Under the Act, the penalty for committing cyber crimes is imprisonment for up to ten years and a fine of up to GYD 5 million. Additionally, the Act provides for establishing a Cyber Security Incident Response Team (CSIRT) to facilitate the reporting and managing of cyber security incidents.
The Cybercrime Act, 2018 is part of the government’s efforts to combat the growing threat of cybercrime in the country, which has increased in recent years. The Act also aims to build public awareness of the importance of cyber security and the dangers of engaging in cybercrime.
SECTION PART I: PRELIMINARY
1 – Short title.
2 – Interpretation.
PART II: CYBERCRIME OFFENCES
3 – Illegal access to a computer system.
4 – Illegal interception.
5 – Illegal data interference.
6 – Illegal acquisition of data.
7 – Illegal system interference.
8 – Illegal devices.
9 – Unauthorised granting of access to or giving of electronic data.
10 – Computer-related forgery.
11 – Computer-related fraud.
12 – Offences affecting critical infrastructure.
13 – Identity-related offences.
14 – Child pornography.
15 – Child luring.
16 – Publication or transmission of image of private area of a person.
17 – Multiple electronic mail messages and fraudulent website.
18 – Offences against the State.
19 – Using a computer system to coerce, harass, intimidate, humiliate, etc. – a person.
20 – Infringement of copyright, patents and designs and trademarks.
21 – Corporate liability.
22 – Attempt, aiding or abetting.
23 – Use of computer system to commit offence under any other law.
24 – Offences prejudicing investigation.
PART III: ENFORCEMENT
25 – Service providers to store traffic data and subscriber information.
26 – Extension of time for prosecution of an offence.
27 – Jurisdiction.
28 – Search and seizure.
29 – Record of seized material.
30 – Assistance.
31 – Production order.
32 – Expedited preservation order.
33 – Disclosure of traffic data order.
34 – Confidentiality of order.
35 – Prohibition of disclosures.
36 – Protection of person aiding in enforcement of Act.
37 – Order for removal or disablement of data.
38 – Remote forensic tools.
39 – Order for payment of compensation.
40 – Forfeiture order.
41 – Order for seizure and restraint regarding forfeiture.
42 – Failure to comply with a court order.
43 – Evidence.
