L.R.O. 1/ 2012
LAWS OF GUYANA
INTERCEPTION OF COMMUNICATIONS ACT
CHAPTER 47:03
Act
21 of 2008




1 – 33 ... 1/2012

(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages

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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 47:03

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Prohibition of interception.
4. Application for warrant for interception.
5. Scope of warrant.
6. Issuance, duration and revocation of warrant.
7. Oral application for issuance of warrant in urgent circumstances.
8. Modification of warrants.
9. Protection of authorised officer.
10. Duties of persons providing assistance or telecommunication
services.
11. Confidentiality of intercepted communication.
12. Order requiring disclosure of protected communication.
13. Effect of disclosure order.
14. Admissibility of evidence.
15. Offences.
16. Disclosure of communications data.
17. Admissibility of communications data.
18. Amendment of Schedule.
19. Regulations.
SCHEDULE

INTERCEPTION OF COMMUNICATIONS ACT
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Short title.

Interpretation.
1. (1) This Act may be cited as the Interception of
Communications Act.
2. (1) In this Act, unless the context otherwise requires
–
“authorised officer” means –
(a) the Commissioner of Police;
(b) the Commissioner-General of the
(c) the Chief of Staff of the Guyana
Defence Force;
“disclosure order” means an order under section 12
requiring the disclosure of a protected
communication;
“electronic signature” means anything in electronic form
which –
(a) is incorporated into, or otherwise
logically associated with, any
electronic communication or other
electronic data;
for the interception of An Act to make provision
ST [31 AUGUST]
and for connected purposes
may be accessed and placed in an intelligible form
of the means by which protected communications
data relating to communications and the acquisition
communications, the acquisition and disclosure of
21 of 2008
INTERCEPTION OF COMMUNICATIONS ACT
CHAPTER 47:03
Revenue Authority; or
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(b) is generated by the signatory or other
source of the communication or data;
and
(c) is used for the purpose of facilitating,
by means of a link between the
signatory or other source and the
communication or data, the
establishment of the authenticity of
the communication or data, the
establishment of its integrity, or both;
“intercept”, in relation to a telecommunication, means –
(a) monitoring and recording of
transmissions conveyed by fibre optic
cable or any other form of wire line,
by wireless telegraphy, voice over
internet protocol, internet, satellite,
and all other forms of electromagnetic
or electrochemical communication to
or from apparatus comprising the
system;
(b) monitoring and recording or
modification of, or interference with,
the telecommunication system by
means of which the communication is
transmitted,
so as to make some or all of the contents of the
communication available to a person other than the sender or
the intended recipient of the communication, and
"interception" shall be construed accordingly;
“key”, in relation to any protected communication, means
any key, code, password, algorithm or other data the
use of which (with or without other keys) –
(a) allows access to a protected
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communication; or
(b) facilitates the putting of a protected
communication into an intelligible
form;
"private telecommunication" means a communication that is
transmitted or being transmitted by the sender, to a
person intended by the sender to receive it, in
circumstances in which it is reasonable for the sender
and the intended recipient to expect that the
communication will not be intercepted by any person
other than the intended recipient, and includes any
radio-based telephone communication that is treated
electronically or otherwise for the purpose of
preventing intelligible reception by any person other
than the intended recipient;
"private telecommunications system" means any
telecommunications system that, without itself being
a public telecommunications system, is a system in
relation to which the following conditions are
satisfied –
(a) it is attached, directly or indirectly
and whether or not for the purposes
of the communication in question, to a
public communications system; and
(b) there is apparatus comprised in the
system which is both located in
Guyana and used (with or without
other apparatus) for making the
attachment to the public
telecommunications system;
"protected communication" means any electronic data which,
without the key to the communication, cannot, or
cannot readily, be accessed or put into an intelligible
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form;
"public telecommunications system" means a
telecommunications system used by any person to
provide telecommunications services to the public
and includes –
(a) a system where the public can send or
receive telecommunications services
to or from –
(i) anywhere in Guyana;
(ii) anywhere outside of Guyana;
(b) a system commonly known as a
public switched telephone network;
"telecommunications" means the transmission of intelligence
by means of guided or unguided electromagnetic,
electrochemical or other forms of energy, including
but not limited to intelligence –
(a) in the form of –
(i) speech, music or other sounds;
(ii) visual images, whether still or
animated;
(iii) data or text;
(iv) any type of signals;
(b) in any form other than those specified
in paragraph (a);
(c) in any combination of forms; and
(d) transmitted between persons and
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Prohibition
of interception.
persons, things and things or persons
and things;
“telecommunications system” means a private or public
system of telecommunications or any part thereof
where a person or thing can send or receive
intelligence to or from any point in Guyana;
“telecommunications service” means a service provided by
means of a telecommunications system to any person
for the transmission of intelligence from, to or within
Guyana;
“terrorism” means any act involving the use or threat of
violence by a person, which, by reason of its nature
and extent, is calculated to create a state of fear in the
public or any section of the public.
(2) In this Act, the interests of national security
shall be construed as including, but not limited to, the
protection of Guyana from threats to public order or of
espionage, sabotage, terrorism or subversion.
3. (1) Except as provided in this section, a person who
intentionally intercepts a communication in the course of its
transmission by means of a telecommunications system
commits an offence and is liable on summary conviction to a
fine not exceeding five million dollars and to imprisonment
for a term not exceeding three years.
(2) A person does not commit an offence under this
section if –
(a) the communication is intercepted in
obedience to a warrant issued by a
Judge under section 6;
(b) the communication is not intercepted
in obedience to a warrant issued by a
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Application
for warrant
for
interception.
Judge under section 6 but on the
authority of a designated officer in the
case of a national emergency or in
responding to a case where approval
for a warrant is impracticable having
regard to the urgency of the case.
(3) The Court by which a person is convicted of an
offence under this section may order that any device used to
intercept a communication in the commission of the offence
shall be forfeited and disposed of as the Court thinks fit.
(4) For the purpose of subsection (1), a
communication shall be taken to be in the course of
transmission by means of a telecommunications system at any
time when the system by means of which the communication
is being or has been transmitted is used for storing the
communication in a manner that enables the intended
recipient to collect it or otherwise have access to it.
4. (1) Subject to the provisions of this section, an
authorised officer may apply ex parte to a Judge in Chambers
for a warrant authorising the person named in the warrant –
(a) to intercept and record in the course
of their transmission by means of a
public or private telecommunications
system, such communications
described in the warrant; and
(b) to disclose the intercepted
communication to such persons and
in the form and manner specified in
the warrant.
(2) An application for a warrant under this Act
shall, subject to section 7, be in writing and be accompanied
by –
(a) an affidavit deposing to the following
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matters –
(i) the name of the authorised
officer and the entity on behalf
of which the application is
made;
(ii) the facts or allegations giving
rise to the application;
(iii) sufficient information for a
Judge to issue a warrant on the
terms set out in section 5;
(iv) the period for which the warrant
is requested;
(v) the grounds relied on for the
issue of a warrant under
subsection (3); and
(vi) if the applicant will be seeking
the assistance of any person or
entity in implementing the
warrant, sufficient information
for a Judge so to direct in
accordance with section 5 (3);
and
(b) Where a warrant is applied for on the
ground of national security, a written authorisation, signed by
the Minister responsible for national security, authorising the
application on that ground.
(3) A Judge shall not issue a warrant under this Act
unless he is satisfied that –
(a) the warrant is necessary –
(i) in the interests of national security; or
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Schedule
(ii) for the prevention or detection of any
offence specified in the Schedule,
where there are reasonable grounds
for believing that such an offence has
been, is being or is about to be
committed;
(b) information obtained from the
interception is likely to assist in
investigations concerning any matter
mentioned in paragraph (a);
(c) other investigative procedures –
(i) have not been or are unlikely to
be successful in obtaining the
information sought to be
acquired by means of the
warrant;
(ii) are too dangerous to adopt in
the circumstances; or
(iii) are impracticable, having
regard to the urgency of the
case; and
(d) it would be in the best interest of the
administration of justice to issue the
warrant.
(4) The records relating to every application for a
warrant or the renewal or modification thereof shall be sealed
until otherwise ordered by the Court.
(5) A person who discloses the existence of a
warrant or an application for a warrant, other than to a
person to whom such disclosure is authorized for the
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Scope of
warrant.
purposes of this Act, commits an offence and is liable on
summary conviction to a fine not exceeding five million
dollars and to imprisonment for a term not exceeding three
years.
5. (1) A warrant shall authorise the interception of –
(a) communication transmitted by means
of a public or private
telecommunications system to or from
one or more addresses specified in the
warrant, being an address or
addresses likely to be used for the
transmission of communications to or
from –
(i) one particular person specified
or described in the warrant; or
(ii) one particular set of premises
so specified or described; and
(b) such other communications (if any) as
are necessary to intercept in order to
intercept communications falling
within paragraph (a).
(2) A warrant shall specify –
(a) the identity, if known, of the person
whose communications are to be
intercepted.
(b) the nature and location of the
telecommunications equipment in
respect of which interception is
authorised;
(c) a particular description of the type of
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warrant.
communications sought to be
intercepted, and, where applicable, a
statement of the particular offence to
which it relates;
(d) the identity of the agency authorised
to intercept the communication and
the person making the application;
and
(e) the period for which it is valid.
(3) Where the applicant intends to seek the
assistance of any person or entity in implementing the
warrant, the Judge shall, on the applicant's request, direct
appropriate persons or entities to furnish information,
facilities or technical assistance necessary to accomplish the
interception.
(4) A warrant may contain such ancillary
provisions as are necessary to secure its implementation in
accordance with the provisions of this Act.
(5) In this section, “addresses” includes a location,
email address, telephone number or other number or
designation used for the purpose of identifying
telecommunications systems or apparatus.
6. (1) Upon receipt of an application or otherwise as
provided by this Act and subject to subsections (2) and (3), a
Judge may issue a warrant for such period, not exceeding
ninety days (in this section referred to as the initial period), as
may be specified therein.
(2) A Judge may –
(a) on an application by an authorised
officer before the expiration of the
initial period; and
duration and
revocation of
Issuance
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Oral
application
for issuance
of warrant in
certain
circumstances.
(b) if satisfied that a renewal of the
warrant is justified in any particular
case,
renew the warrant for such period (in this section referred to
as the first renewal period), not exceeding ninety days from
the date of expiration of the initial period, as he may specify
therein.
(3) Where a Judge is satisfied that exceptional
circumstances exist which would justify a renewal of the
warrant beyond the first renewal period, the Judge may, on
an application by an authorised officer before the expiration
of that period, renew the warrant for such further period, not
exceeding ninety days from the expiration of the first renewal
period, as he may specify therein.
(4) An application for a renewal of a warrant under
subsection (2) or (3) shall be in writing and accompanied by
an affidavit deposing to the circumstances relied on as
justifying the renewal of the warrant.
(5) If, at any time before the end of any of the
periods referred to in this section, a Judge is satisfied, after
hearing representations made by the authorised officer, that a
warrant is no longer necessary as mentioned in section 4(2),
he shall revoke the warrant.
7. (1) Where a Judge is satisfied that the urgency of the
circumstances so requires –
(a) he may dispense with the
requirements for a written application
and affidavit and proceed to hear an
oral application for a warrant; and
(b) if satisfied that a warrant is necessary
as mentioned in section 4(2), he shall
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Modification
of warrant.
issue a warrant in accordance with
this Act.
(2) Where a warrant is issued under this section,
the applicant shall, within seventy-two hours of the time of
issue thereof, submit to the Judge a written application and
affidavit in accordance with the provisions of section 4.
(3) On the expiration of seventy-two hours from
the time of issue of a warrant under this section, the Judge
shall review his decision to issue the warrant and shall –
(a) make an order revoking the warrant if –
(i) he is not satisfied that the
warrant continues to be
necessary as mentioned in
section 4 (2); or
(ii) the applicant fails to submit a
written application and
affidavit as required by
subsection (2); or
(b) make an order affirming the warrant,
if satisfied that the warrant continued
to be necessary as mentioned in
section 4 (2).
(4) Where a warrant issued under this section is
revoked under subsection (3)(a), it shall cease to have effect
upon such revocation.
(5) Where a warrant is affirmed under subsection
(3)(b), the provisions of section 6 shall apply with respect to
its duration.
8. A Judge may modify a warrant at any time, after
hearing representations from an authorised officer and if
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Protection of
authorised
Officer.

Duties of
persons
providing
assistance or
telecommuni-
cation services.
satisfied that there is any change in the circumstances which
constituted grounds for the issue or renewal of the warrant.
9. An authorised officer shall not be liable for any act
done by him in good faith pursuant to the provisions of this
Act.
10.(1)Every person who provides a telecommunications
service by means of a public or private telecommunications
system shall take such steps as are necessary for securing that
it is and remains practicable for directions to provide
assistance in relation to interception warrants to be imposed
and complied with.
(2) Any person or entity directed to provide
assistance by way of information, facilities or technical
assistance under section 5 (3) shall promptly comply with that
direction and in such a manner that the assistance is
rendered –
(a) as unobtrusively; and
(b) with the minimum interference to the
services that such person or entity
normally provides to the party
affected by the warrant,
as can reasonably be expected in the circumstances.
(3) No action shall be brought in any Court against
a person or entity for any act done in good faith in pursuance
of a direction to provide information, facilities or technical
assistance under section 5 (3).
(4) If a Judge issuing a warrant under this Act is
satisfied that the operation of a public or private
telecommunications system has failed to comply with the
warrant for want of any support services for the transmission,
switching equipment or any other technical facility or
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Confidentiality
of intercepted
communication.
requirement, he may direct that the owner, operator or
licensee of the telecommunications system shall, at his own
cost, forthwith provide the required support service, install
necessary switching equipment or provide the technical
facility or requirement, as the case may be, for complying
with the warrant to the satisfaction of the Court and the
compliance with this subsection shall be deemed to be a
condition in the licence granted for the operation of the
telecommunication system.
(5) The evidence given by a technical expert in a
court of law on behalf of a person who provides a
telecommunication service shall be heard in camera to protect
the identity of the technical expert.
11. (1) Where a Judge issues a warrant, he shall issue
such directions as he considers appropriate for the purpose of
requiring the authorised officer to make such arrangements as
are necessary –
(a) for ensuring that –
(i) the extent to which the
intercepted communication is
disclosed;
(ii) the number of persons to whom
any of that communication is
disclosed;
(iii) the extent to which any such
communication is copied; and
(iv) the number of copies made of
any of the communication,
is limited to the minimum that is necessary for the purposes
of the investigations in relation to which the warrant was
issued or of any prosecution for an offence; and

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Order
requiring
disclosure of
protected
communication.
(b) for ensuring that each copy made of
any of that communication is –
(i) stored in a secure manner for so
long as its retention is
necessary for such purposes as
aforesaid; and
(ii) destroyed as soon as its
retention is no longer necessary
for those purposes.
(2) Where any record is made, whether in writing
or otherwise, of any communication obtained by means of a
warrant, the authorised officer shall, as soon as possible after
that record has been made, cause to be destroyed so much of
the record as does not relate directly or indirectly to the
purpose for which the warrant was issued or is not required
for the purposes of any prosecution for an offence.

12. (1) Where a protected communication has come
into the possession of an authorized officer by virtue of a
warrant, or is likely to do so, and the officer has reasonable
grounds to believe that –
(a) a key to the communication is in the
possession of any person; and
(b) disclosure of the key is necessary for
the purposes of the investigations in
relation to which the warrant was
issued,
the officer may apply to a Judge in Chambers for a disclosure
order requiring the person whom he believes to have
possession of the key to provide disclosure in respect of the
protected communication.
(2) An order under this section shall –

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(a) be in writing;
(b) describe the communication to which
the order relates;
(c) specify the time by which the order is
to be complied with, being a
reasonable time in all circumstances;
and
(d) set out the disclosure that is required
by the order, and the form and
manner in which the disclosure is to
be made,
and any such order may require the person to whom it is
addressed to keep secret the contents and existence of the
order.
(3) An order under this section shall not require
the disclosure of any key which –
(a) is intended to be used for the purpose
only of generating electronic
signatures; and
(b) has not in fact been used for any other
purpose.
(4) In granting the order required for the purposes
of subsections (1) and (2), the Judge in Chambers shall take
into account –
(a) the extent and nature of any protected
communication, in addition to the
intercepted communication, to which
the key is also a key; and

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Effect of
disclosure
order.
(b) any adverse effect that complying
with the order might have on a
business carried on by the person to
whom the order is addressed,
and shall require only such disclosure as is proportionate to
what is sought to be achieved, allowing, where appropriate,
for disclosure in such manner as would result in the putting
of the communication in intelligible form other than by
disclosure of the key itself.
(5) An order under this section shall not require the
making of any disclosure to a person other than –
(a) the authorised officer; or
(b) such other person as may be specified
in the order.
13. (1) Subject to subsection (2), a person to whom a
disclosure order addressed –
(a) shall be entitled to use any key in his
possession to obtain access to the
protected communication; and
(b) in accordance with the order, shall
disclose the protected communication
in an intelligible form.
(2) Where a disclosure order requires the person to
whom it is addressed to disclose a protected communication
in an intelligible form, that person shall be taken to have
complied with that requirement if –
(a) he makes, instead, a disclosure of any
key to the protected communication
that is in his possession; and

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(b) the disclosure is made in accordance
with the order, with respect to the
person to whom, and the time in
which, he was required to disclose the
communication.
(3) Where an order requiring access to a protected
communication or the putting of the protected
communication into intelligible form is addressed to a person
who is –
(a) not in possession of the protected
communication to which the order
relates; or
(b) incapable, without the use of a key
that is not in his possession, of
obtaining access to the protected
communication or of disclosing it in
an intelligible form,
he shall be taken to have complied with the order if he
discloses any key to the protected communication that is in
his possession.
(4) It shall be sufficient for the purpose of
complying with an order for the person to whom it is
addressed to disclose only those keys the disclosure of which
is sufficient to enable the person to whom they are disclosed
to obtain access to the protected communication and to put it
in an intelligible form.
(5) Where –
(a) the disclosure required by an order
allows the person to whom it is
addressed to comply with the order
without disclosing all of the keys in
his possession; and
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(b) there are different keys, or
combinations of keys, in the
possession of that person the
disclosure of which would constitute
compliance with the order,
the person may select which of the keys, or combination of
keys, to disclose for the purpose of complying with the order.
(6) Where a disclosure order is addressed to a
person who –
(a) was in possession of the key but is no
longer in possession of it;
(b) if he had continued to have the key in
his possession, would be required by
virtue of the order to disclose it; and
(c) is in possession of information that
would facilitate the obtaining or
discovery of the key or the putting of
the communication into an intelligible
form,
that person shall disclose to the person to whom he would
have been required to disclose the key, all such information as
is mentioned in paragraph (c).
(7) A person who, without reasonable excuse, fails
to comply with a disclosure order commits an offence and is
liable on summary conviction to a fine not exceeding one
million dollars and to imprisonment for a term not exceeding
six months.
(8) An authorised officer who obtains a disclosure
order shall ensure that such arrangements as are necessary
are made for securing that –
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Admissibility
of evidence.
(a) a key disclosed in pursuance of the
order is used to obtain access to or put
into intelligible form only the
protected communications in relation
to which the order was given;
(b) every key disclosed in pursuance of
the order is stored, for so long as it is
retained, in a secure manner, and any
records of such key are destroyed as
soon as no longer needed to access the
communication or put it into an
intelligible form; and
(c) the number of –
(i) persons to whom the key is
disclosed or otherwise made
available; and
(ii) copies made of the key,
is limited to the minimum that is necessary for the purpose of
enabling the protected communication to be accessed or put
into an intelligible form.
(9) An authorised officer who knowingly
contravenes subsection (8) commits an offence and is liable on
summary conviction to a fine not exceeding three million
dollars and to imprisonment for a term not exceeding one
year.
14. (1) In this section, "sensitive information" means
any information that suggests or tends to suggest –
(a) any of the details pertaining to the
method by which the communication
was intercepted; or
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(b) the identity of any party carrying out
or assisting in the interception.
(2) Subject to subsection (3), the contents of a
communication that is obtained by interception permitted by
section 3 shall be admissible as evidence in any criminal
proceedings.
(3) In any criminal proceedings –
(a) no evidence shall be adduced and no
question shall be asked of any witness
that suggests or tends to suggest the
disclosure of sensitive information;
(b) a statement by the witness that the
interception of the communication
was permitted by virtue of sections 3
(2) (a) or (b), as the case may be, shall
be sufficient disclosure as the source
and origin of the communication; and
(c) in proving the truth of a statement
referred to in paragraph (b) the
witness shall not be asked to disclose
sensitive information.
(4) Subsection (3) shall not apply to any criminal
proceedings in respect of an offence under this Act, but if the
Court is satisfied that –
(a) the disclosure of sensitive information
would jeopardize the course of any
investigations being carried out by
authorised officers; and
(b) the parties to the proceedings would
not be unduly prejudiced,
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Offences.

Disclosure of
communica-
tions data.
the Court may exclude such disclosure.
(5) Any information obtained by an interception,
which would be privileged if the interception had not been
carried out, shall remain privileged to the extent that the
information would be privileged if the interception had not
been carried out.
15. (1) A person who, in an application or affidavit
under this Act, makes a statement which he knows to be false
in any material particular commits an offence and is liable on
summary conviction to a fine not exceeding five million
dollars and to imprisonment for a term not exceeding three
years.
(2) A person who intentionally discloses the
contents of any communication obtained –
(a) by means of a warrant, to a person to
whom he is not authorised to disclose
the communication; or
(b) in contravention of this Act,
commits an offence and is liable on summary conviction to a
fine not exceeding five million dollars and to imprisonment
for a term not exceeding three years.
(3) Subsection (2) shall not apply to the disclosure of
the contents of any communication obtained by means of a
warrant which is made, in any criminal proceedings, to a
person charged with an offence or to the attorney-at-law
representing that person in those proceedings.
16. (1) In this section –
“communications data” means any –

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(a) traffic data comprised in or attached
to a communication, whether by the
sender or otherwise, for the purposes
of any telecommunications system by
means of which the communication is
being or may be transmitted;
(b) information, that does not include the
contents of a communication (other
than any data falling within
paragraph (a)), which is about the use
made by any person –
(i) of any telecommunications
system; or
(ii) of any part of a
telecommunications system in
connection with the provision
to or use by, any person of any
telecommunications service;
“designated person” means the Minister or any person duly
authorised for the purposes of this section by the Minister;
“traffic data”, in relation to a communication, means any
data –
(a) identifying, or purporting to identify,
any person, apparatus or location to
or from which communication is or
may be transmitted;
(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-
(i) apparatus used for the
purposes of a telecommuni-
cations system for effecting, in
whole or in part, the
transmission of any communi-
cation; or
(ii) any telecommunications system
in which that apparatus is
comprised;
(d) identifying the data or other data as
data comprised in or attached to a
particular communication; or
(e) identifying a computer file or
computer programme, access to
which is obtained or which is run by
means of the communication, to the
extent only that the file or 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.
(2) Where it appears to the designated person that
a person providing a telecommunications service is or may be
in possession of, or capable of obtaining, any communications
data, the designated person may, by notice in writing, require
the provider –
(a) to disclose to an authorised officer all
of the data in his possession or
subsequently obtained by him; or
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Schedule.
(b) if the provider is not already in
possession of the data, to obtain the
data and so disclose it.
(3) A designated person shall not issue a notice
under subsection (2) in relation to any communications data
unless he is satisfied that it is necessary to obtain that data –
(a) in the interests of national security; or
(b) for the prevention or detection of any
offence specified in the Schedule,
where there are reasonable grounds
for believing that –
(i) such an offence has been, is
being or is about to be
committed; and
(ii) the sender or recipient of any
communication, or the
subscriber to the
telecommunication service, to
which the data relates, is the
subject of an investigation in
connection with the offence.
(4) A notice under subsection (2) shall state –
(a) the communication data in relation to
which it applies;
(b) the authorised officer to whom the
disclosure is to be made;
(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 notice is
issued; and
(e) the date on which it is issued.
(5) A notice under this section shall not require –
(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
(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,
during that period.
(6) The provisions of sections 9 and 10 shall apply,
with the necessary modifications, to the disclosure of data
pursuant to a notice issued under this section.
(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.
(8) The disclosure referred to in subsection (7) may
be made to –
(a) an officer or agent of the service
provider, for the purposes of ensuring
that the notice is complied with;
(b) an attorney-at-law for the purpose of
obtaining legal advice or
LAWS OF GUYANA
30 Cap. 47:03 Interception of Communications
L.R.O. 1/ 2012
representation in relation to the
notice,
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 or for the purpose
of –
(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
(ii) giving legal advice or making
representations in relation to
the notice, in the case of an
attorney-at-law.
(9) An authorised officer shall not disclose any
communications data obtained under this Act, except –
(a) as permitted by the notice;
(b) in connection with the performance of
his duties; or
(c) if the Minister responsible for national
security directs such disclosure to a
foreign government or agency of such
government where there exists
between Guyana and such foreign
government an agreement for the
mutual exchange of that kind of
information and the Minister
considers it in the public interest that
such disclosure be made.

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Admissibility
of communica-
tions data.
(10) A person who contravenes subsection (7), (8)
or (9) commits an offence and is liable on summary conviction
to a fine not exceeding five million dollars and to
imprisonment for a term not exceeding three years.
17. (1) Subject to subsection (2), communications data
obtained in accordance with section 16 shall be admissible as
evidence in accordance with the law relating to the
admissibility of evidence.
(2) In admitting into evidence any communications
data –
(a) no question shall be asked of any
witness that suggests or tends to
suggest the disclosure of any of the
details pertaining to the method by
which the data was obtained or the
identity of any party who supplied
the data;
(b) a statement by the witness that the
data was obtained by virtue of an
order under section 16 shall be
sufficient disclosure as to the source
or origin of the data; and
(c) in proving the truth of a statement
referred to in paragraph (b), the
witness shall not be asked to disclose
any of the matters referred to in
paragraph (a).
(3) Subsection (2) shall not apply to any
proceeding in respect of an offence under this Act, but if the
Court is satisfied that –
(a) the disclosure would jeopardize the
course of any investigations being
carried out by authorised officers; and
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Amendment of
Schedule.

Regulations.
ss.4, 16 and 18
(b) the parties to the proceedings would
not be unduly prejudiced thereby,
the Court may exclude disclosure of the matters referred to in
subsection (2) (a).
18. (1) The Minister may, by order, add to or delete
from the list of offences contained in the Schedule.
(2) An order made under subsection (1) shall be
subject to affirmative resolution of the National Assembly.
19. (1) The Minister may make regulations prescribing
any matter or thing in respect of which it may be expedient to
make regulations for the purpose of carrying this Act into
effect.
(2) A person who contravenes any regulation
made under subsection (1) commits an offence and is liable on
summary conviction to a fine not exceeding one million
dollars and to imprisonment for a term not exceeding six
months.
SCHEDULE
APPLICABLE OFFENCES
1. Murder.
2. Treason.
3. Terrorism.
4. Trafficking in persons.
5. Kidnapping or abduction.
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c.10:10
c.16:05
c.16:05

c.16:05
6. Money Laundering.
7. Producing, manufacturing, supplying or otherwise
dealing in narcotic drugs and psychotropic
substances in contravention of the Narcotic Drugs
and Psychotropic Substances (Control) Act.
8. Trafficking in narcotic drugs and psychotropic
substances in contravention of the Narcotic Drugs
and Psychotropic Substances (Control) Act.
9. Importation or exportation of any firearm or
ammunition in contravention of the Firearms Act.
10. Manufacture of or dealing in firearms or
ammunition in contravention of the Firearms Act.
11. Illegal possession of a weapon, firearm or
ammunition contrary to the Firearms Act.
12. Arson.
13. Aiding, abetting or conspiring to commit any of the
offences mentioned in paragraphs 1 to 12.
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