Sierra Leone: The CyberCrime Act, 2020
Sierra Leone’s CyberCrime Act, 2020 is a comprehensive law that aims to combat cybercrime and protect internet users. The law defines various cybercrime offences, including unauthorized access to computer systems, data interference, identity theft, and cyberstalking. It also outlines the penalties for these offences, which range from fines to imprisonment.
The law establishes the Cybercrime Investigation and Prosecution Unit, a specialized unit within the Sierra Leone Police responsible for investigating and prosecuting cybercrime cases. The Unit is empowered to obtain search warrants and seize electronic devices and other materials that may be used as evidence in cybercrime cases. The law also provides for establishing a Cybercrime Fund, which will be used to support the work of the Cybercrime Investigation and Prosecution Unit and other initiatives to combat cybercrime.
Overall, Sierra Leone’s CyberCrime Act, 2020, is a significant step forward in addressing cybercrime in the country. By defining cybercrime offences, outlining penalties, and establishing a specialized unit to investigate and prosecute cases, the law powerfully conveys that cybercrime will not be tolerated in Sierra Leone. At the same time, the law also recognizes the need to protect the rights of internet users and provides for appropriate safeguards and oversight mechanisms to ensure that these rights are respected.
PART 1–PRELIMINARY
Section.
1: Definitions.
PART II – CRITICAL NATIONAL INFORMATION INFRASTRUCTURE
2 – Designation of certain computer systems as Critical National Information Infrastructure.
3 – Audit and inspection of Critical National Information Infrastructure.
PART III – POWERS AND PROCEDURES
4 – Scope of powers and procedures.
5 – Search and seizure of stored computer data.
6 – Record of and access to seized data.
7 – Production order.
8 – Expedited preservation and partial disclosure of traffic data.
9 – Real-time collection of traffic data.
10 – Interception of content data.
11 – Confidentiality and limitation of liability.
12 – Territorial jurisdiction.
PART IV – INTERNATIONAL COOPERATION
13 – Spontaneous information.
14 – Powers of the Attorney-General.
15 – Authority to make and act on mutual assistance requests.
16 – Extradition.
17 – Confidentiality and limitation of use.
18 – Expedited preservation of stored computer data.
19 – Expedited disclosure of preserved traffic data.
20 – Mutual assistance regarding accessing of stored computer data.
21 – Trans-border access to stored computer data.
22 – Mutual assistance in real time collection of traffic data.
23 – Mutual assistance regarding interception of content data.
24 – Point of contact.
PART V – OFFENCES
25 – Unauthorised access.
26 – Unauthorised access to protected system.
27 – Unauthorised data interception.
28 – Unauthorised data interference.
29 – Unauthorised system interference.
30 – Misuse of device.
31 – Computer-related forgery.
32 – Computer fraud.
33 – Identity theft and impersonation.
34 – Electronic signature.
35 – Cyber stalking and cyber bullying.
36 – Cyber Squatting.
37 – Infringements of copyright and related rights.
38 – Online child sexual abuse.
39 – Attempting and aiding or abetting.
40 – Registration of cybercafé.
41 – Cyber terrorism.
42 – Racist and xenophobic offences.
43 – Reporting of cyber threats.
44 – Breach of confidence by service providers.
45 – Employees responsibility.
46 – Corporate liability.
PART VI – ADMINISTRATION AND ENFORCEMENT
47 – Co-ordination and enforcement.
48 – Establishment of the National Cybersecurity Advisory Council.
49 – Functions and powers of the Council.
50 – Establishment of National Cybersecurity Fund.
PART VII – MISCELLANEOUS PROVISIONS
51 – Regulations.
BILL
