INTERCEPTION OF COMMUNICATIONS
THE INTERCEPTION OF COMMUNICATIONS ACT
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Prohibition of interception.
4. Warrant for interception.
5. Scope of warrant.
6, Duration of warrant.
7. Application for warrant in urgent circumstances.
8. Modification of warrants.
9. Protection of authorized officer.
10. Duties of persons providing assistance or telecommunications
services.
1 1. 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
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INTERCEPTION OF COMMUNICATIONS 3
THE INTERCEPTION OF COMMUNICATIONS ACT ~ c t s
5 of 2002.
18 of 2005
2nd Sch.,
17 of 2006,
[15th March, 2002.1 12 of 2009
3rd Sch.
3 of 2010
S. 22..
21 Of 2011.
1. This Act may be cited as the Interception of Communica- Short title.
tions Act.
2.-(1) In this Act, unless the context otherwise requires- . Interprets-
. tion.
"authorized officer" means-
(a) the Commissioner of Police;
, (b) the officer of the Jamaica Constabulary Force in
charge of-
(i) internal security; or
(ii) the National Firearm and Drug Intelligence
Centre or any 'organization replacing the
same; or
(c) the Chief of Staff, or the head of the Military Intel-
ligence Unit, of the Jamaica Defence Force;
"disclosure order" means an order under section 12 requi-
I
a . ring the disclosure of a protected communication;
/
"electronic signature" means anything in electronic form '
which-
(a). is incorporated into, or otherwise logically associa-
ted with, any electronic communication or other .
electronic data;
(b) is generated by the signatory or other source of the
communication or data; and
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INTERCEPTION OF COMMUNICATIONS
(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 communication means the-
(a) monitoring of transmissions made by wireless tele-
graphy.to or from apparatus comprising in the net-
work;
(b) monitoring or modification of, or interference with,
the network by means of which the communication
is transmitted, so as to make some or all of the con-
tents of the communication available, while being
transmitted, to a person other than the sender or
intended recipient of the communication, and
"interception" shall be construed accordingly;
"Judge" means a Judge of the Supreme Court;
. .
"key", in relation to any protected cornnikicatidn, means
any key, code, password, algorithm or other data the
. use of which (with or without other keys) - ,
(a) allows access to a protected communication; or
(b) facilitates the putting of a protected ,communi-
cation into an intelligible form;
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INTERCEPTION OF C(jMMONIICATI(IN5'
"private communication" 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 network" means any
telecommunications network that, without itself being
a public telecommunications network, is a network in
relation to which the following conditions are
s a t i s f i e d
(a) it is attached, directly or indirectly and whether
or not for the purposes of the communication in
question, to a public telecommunications
network; and
(b) there is apparatus comprised in the network
which is both located in Jamaica and used (with
or without other apparatus) for making the
attachment to the public telecommunications
network;
"protected communication" means any electronic data
which, without the key to the communication, cannot,
or cannot readily, be accessed or put into an
intelligible form;
"public telecommunications network" means a telecom-
munications network used by any person to provide
telecommunications services to the public and
includes a network whereby the public can send or
receive telecommunications services to or fi-om-
-- --
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INTERCEPTION OF COMMUNICATIONS
(a) anywhere in Jamaica;
(b) anywhere outside of Jamaica,
and includes a network 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
(4 transmitted between persons and persons, things
and things or persons and things;
"telecommunications network means a system of tele-
communications or any part thereof whereby a person
or thing can send or receive intelligence to or from any
point in Jamaica;
"telecommunications service" means a service provided by
means of a telecommunications network to any person
for the transmission of intelligence from, to or within
Jamaica without change in the content or form;
1si2005 "terrorism offence" has the meaning assigned to it by
2nd Sch. section 2 of the Terrorism Prevention Act.
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INTERCEPTION OF COMMUNCATIONS
(2) In this Act, the interests of national security shall be
construed as including, but not limited to, the protection of
Jamaica from threats of espionage, sabotage,- terrorism 18,2005
offence or subversion. 2nd S C ~ .
3.+1) Except as provided in this section, a person who in- Prohibition
of intercep- tentionally intercepts a communication in the course of its trans- ,,,,
mission by means of a telecommunications network commits an
offence and is liable upon summary conviction in a Resident
Magistrate's Court to imprisonment for term not exceeding
three years or to a fine not exceeding three million dollars or to
both such fine and imprisonment.
(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 4;
(b) he has reasonable grounds for believing that the person . .
to whom or by whom the communication is transmitted
consents to the interception;
(c) the communication is intercepted as an ordinary inci-
dent to the provision of telecommunications services or
to the enforcement of any enactment relating to the use
. of those services;
(6) the communication- is not a private communication;
(e) the communication is a stored communication and is
acquired in accordance with the provisions of any other
law; or , . , . .
V) the interception is of a communication transmitted by a
network that is not a public telecommunications net-
work and is done by a person who has-
(i) a right to control the operation or use of the
L *I # I network; or
I -I (ii) the express or implied consent of a person
. referred to in sub-paragraph (i).
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INTERCEPTION OF COMMUNICATIONS
(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 may think
fit.
(4) For the purposes of subsection (I), a communication
shall be taken to be in the course of transmission by means of a
telecommunications network at any time when the network by
means of which the communication is being or has been trans-
mitted is used for storing the communication in a manner that
enables the intended recipient to collect it or otherwise have
access to it.
Warrant for 4.-(1) Subject to the provisions of this section, an
interception. authorized officer may apply ex parte to a Judge in Chambers
for a warrant authorizing the person named in the warrant-
(a) to intercept, in the course of their transmission by
means of a public or private telecommunications
- network, such communications as are described in
the warrant; and
(b) to disclose the intercepted communication to such
persons and in such manner as may be specified in
the warrant.
211201 1
S. 2(a).
(1A) For the purposes of subsection (l)(b), a warrant
may authorize that the intercepted communication be discl'osed,
by a person referred to in subsection (l)(b), to a foreign
government, or any agency of such government-
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INTERCEPTION OF COMMUNICATIONS
(a) where there exists between Jamaica and such foreign
government an agreement for the mutual exchange of
that kind of information and the Minister certifies that
it is in the public interest that such disclosure be made;
(b) if the Judge is satisfied that the foreign government, or
any agency of such government, to whom the com-
munication is to be disclosed undertakes to-
(i) keeps the information confidential in accordance
with arrangements made pursuant to directions
issued under section 11; and
(ii) use the communication solely for the purpose of the
prevention, detection or prosecution of a criminal
offence; and
(c) subject to such other conditions as the Judge thinks it
appropriate to impose with a view to ensuring the mat-
ters refeked to in section 11 (l)(a) and (b);
(2) A Judge shall not issue a warrant under this section
unless he is satisfied that-
(a) the warrant is necessary-
(i) in the interests of national security; or
(ii) for the prevention or detection of any offence
specified in the Schedule, where there are rea-
sonable grounds for believing that such an
offence has been, is being or is about to be com-
mitted;
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INTERCEPTION OF COMMUNICATIONS
(b) information obtained from the.interception is likely to
assist in investigations concerning any matter men-
. tioned in paragraph (a);
(c) other investigative procedures-
(i) have not been or are unlikely to be successful in
attaining the information sought to be acquired
by means of the warrant;
(ii) are too dangerous to adoptrin the circumstances;
or
(iii) having regard to the urgency of the case are
impracticable; and
(6) it would be in the best interest of the administration of
justice to issue the warrant.
(3) An application for a warrant under this section shall,
subject to section 7, be in writing and be accompanied by-
(a) an affidavit deposing to the following matters-
(i) the name of the authorized officer and the entity
on behalf of which the application is made;
(ii) the facts or allegations giving-rise to the appli-
cation;
(iii) sufficient information for a Judge to issue a
warrant on the terms set out in section 5;
(iv) the for which the warrant is requested;
(v) the grounds relied on for the issue of a warrant
under subsection (2); and
. , . . .. . . .
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INTERCEPTION OF COMMUNICATIONS 9
a (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);
(b) where a warrant is applied for on the ground of
national security, a written authorization, signed by the
Minister, iuthorizing the application on 'that ground;
and
(c) where disclosure to a foreign government, or any 2112011
agency of such government, is contemplated pursuant S. 2(b)(iii).
to subsection ( 1 A), the certification of the Minister that
it is in the public interest that such disclosure be made.
(4) The records relating to every ap&ication 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 purposes of this Act, com-
mits an offence and shall be liable upon summary conviction
before a ResidZnt Magistrate to a fine not exceeding three mil-
lion dollars or to imprisonment for a term not exceeding three
years, or to both such fine and imprisonment.
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10
Scope of
wariant.
1712006
S. 2(a).
1712006
s. 2,cb).
1712006
s. 2(c).
INTERCEPTION OF COMMUNICATIONS
5.-31) A warrant shall authorize the interception of-
(a) communication transmitted . by means of a public or
private telecommunications network to or from-
(i) any person specified or described in the warrant;
or
(ii) ariy premises so specified or described; and
(b) such 'other communications (if any) as is .necessary to
intercept in order to intercept communications falling
within paragraph (a).
(2) A warrant shall specie-
(a) the identity, if known, of the person whose communi-
cations are to be intercepted;
(b) the nature and location of the telecommunications equip-
ment in respect of which interception is authorized;
(c) a particular description of the type of comnknications
sought to be intercepted, and, where applicable, a state- '
ment of the particular offence to which it relates;
(d) the identity of the agency authorized to intercept the
; communication and the person making the application;
and
(e) the period for which it is valid.
(2A) The provisions of a warrant describing the types of
communications sought to be intercepted shall-
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INTERCEPTION OF COMMUNICATIONS
(a) be comprised in one or more schedules to the warrant,
setting out the address, numbers, apparatus or other
factors, or combination of factors, that are to be used
for identifying the communications sought to be inter-
cepted; and
(b) authorize to be included in any of those schedules any
other such addresses, numbers, apparatus or other
factors, or combination of factors, that an authorized
officer may specify by instrument in writing issued by
him.
(2B) Any factor or combination of factors set out in 1712006
accordance with subsection (2A) shall be such as identifies s. 2(c).
communications that are likely to be or to include-
(a) communications from, or intended for, the person
specified or described in the warrant; or
(b) communications originating on, or intended for trans-
mission to, the premises so specified or described.
(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 iontain such ancillary provisions as
are necessary to secure its implementation in accordance with
the provisions of this Act.
( 5 ) In this section-. 1712006
S. 2(d).
"address" includes a location, e-mail address, telephone
number or other number or designation used for the
purpose of identify'ing telecommunications networks
or apparatus;
"person" includes an organization and any association or
combination of persons.
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12 INTERCEPTION OF COMMUNICATIONS
-"of 6 . 4 1 ) Subject to subsections (2) and (3), a warrant shall be
WBfl'Bld
issued for such period as may be specified therein, not
exceeding ninety days (in this section referred to as the initial
period).
(2) A Judge may-
(a) on an application by an authorized officer before the
expiration of the initial period; and
(b) if satisfied that a renewal of the warrant is justified in
any particular case,
renew the warrant for such period as he may spec@ therein (in
this section referred to as the first renewal period) not exceeding
ninety days fiom the date of expiration of the initial
period.
(3) Where a Judge is satisfied that exceptional circum-
stances exist which would justify a renewal of the warrant
beyond the first renewal period, the Judge may, on an appli-
cation by an authorized officer before the expiration of that
period, renew the warrant for such fiuther period as he may
specify therein, not exceeding ninety days fiom the expira-
tion of the first renewal period.
(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
justifjhg 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 authorized officer, that a warrant
is no longer necessary as mentioned in section 4 (2), he shall
revoke the warrant.
App'icabion 7.-(1) Where a Judge is satisfied that the urgency of the
for warrant in
urgent circurn- circumstances so requires-
stances.
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I
UVTERCEPTION OF COMMUNICATIONS
(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 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 fiom 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 continues 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 haveeffect 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.
&-(I) A Judge may mod@ a warrant-
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(a) at any time, after hearing representations fiom an
authorized officer and if satisfied that there is any
change in-
(i) the circumstances that constituted grounds for
the issue or renewal of the warrant; or
(ii) any of the identifying factors referred to in
section 5(2A); or
(b) upon the application of an authorized officer under
subsection (2), by including any of the factors
specified in an instrument issued pursuant to section
5(2A)(b).
(2) An authorized officer who issues an instrument in
writing pursuant to section 5(2A)(b) shall, within the time
specified in subsection (3), apply to a Judge for a modification
of the warrant to include the factors specified in the
instrument.
(3) An application under subsection (2) shall be made as
soon as is reasonably practicable, but in any event within the
period of seven days (exclusive of Saturdays, Sundays and
public general holidays) next following the date of the issue of
the instrument.
(4) An instrument in writing issued pursuant to section
5(2A)(b) shall-
(a) be valid as fiom the date of its issue;
(b) cease to be valid at the end of the period referred to in
subsection (3), or such earlier time as the Judge
who considers the application for modification shall
speci@; and
(c) for the period of its validity, be deemed to be a
scheduled part of the warrant.
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INTERCEPTION OF COMMUNICATIONS 14.01
9. An authorized officer shall not be liable for any act done Protection
by him, in good faith pursuant to the provisions of this Act. of autho- rized
officer.
10.-(1) Every person who provides a telecommunications Dutiesof
service by means of a public or private telecommunications rz:.:ng
network shall take such steps as are necessary for securing assistanceor
that it is and remains practicable for directions to provide ~ ~ ~ ~ ; o n s
assistance in relation to interception warrants to be imposed services.
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) Subject to subsection (S ) , the cost of complying with 1712006
the provisions of- S . 4.
(a) subsection ( 1 ) shall be borne by the person providing
the telecommunications service; and
(b) subsection (2) shall be borne by the person or entity
directed to provide the assistance.
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INTERCEPTION OF COMMUNICATIONS
(5) The Minister may make regulations-
(a) prescribing, in accordance with recognized inter-
national standards, minimum requirements for
securing compliance with subsection (1); and
(b) determining the manner in which the reasonable costs
of complying with subsection (1) or (2) may b e -
(i) apportioned; and
(ii) recovered by the persons referred to in sub-
section (4).
Confiden-
tiality of
1 I.-+) Where a Judge issues a warrant, he shall issue such
hercepted directions as he considers appropriate for the purpose of
cOmmun;ca- requiring the authorized officer to make such arrangements as
tion.
are necessary-
(a) for ensuring that-
(i) the extent, to which the intercepted com-
munication 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
(b) for ensuring that each copy made of any of that
communication is-
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INTERCEPTION OF COMMUNICATIONS 1s
(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 authorized 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 (kdm
possession of an authorized officer by virtue of a warrant, or is requiring
likely to do so, and the officer has reasonable grounds to believe ofpro- disclosure
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 an 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-
(a) be in writing;
(b) describe the communication to which the order relates;
(c) specie the time by which the order is to be complied
with, being a reasonable time in all the circumstances;
and
tected com-
munication.
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16 INTERCEPTION OF COMMUNICATIONS
(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
(b) has not in fact been used for any other purpose.
generating electronic signatures; and
(4) In granting the order required for the purposes of
subsections (1) and (Z), 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
(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 authorized officer; or
(b) such other person as may be specified in the order
FATed of 13.41) Subject to subsection (2), a person to whom a
disclosure order is addressed- disclocwe orda.
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INTERCEPTION OF COMMUNICATIONS
(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
(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 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.
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THE INTERCEPTION OF COMMUNICA TIONS
(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
r-
(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; and
(6) 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 informa'tion as is
mentioned in paragraph (c).
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INTERCEPTION OF COMMUNICATIONS
(7) A person who, without reasonable excuse, fails to
comply with a disclosure order commits an offence and shall be
liable upon conviction before a Resident Magistrate to a fine not
exceeding five hundred thousand dollars or to imprisonment for
a term not exceeding six months, or to both such fine and
imprisonment.
(8) An authorized officer who obtains a disclosure order
shall ensure that such arrangements are made as are necessary
for securing that-
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;
every key disclosed in pursuance to 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
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 authorized officer who knowingly contravenes
subsection (8) commits an offence and upon summary
conviction before a Resident Magistrate shall be liable to a fine
not exceeding one million dollars or to imprisonment for a term
not exceeding twelve months, or to both such fine and
imprisonment .
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20 INTERCEPTION OF COMMUNICATIONS
Admissibilin: 1 4 4 1) In this section, “sensitive information” means any
(a) any of the details pertaining to the method by which
the communication was intercepted; or
(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.
of evidence. information that suggests or tends to suggest-
(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 section 3
(2) (a), (b), (c), (4, (e) or 0, as the case may be, shall
be sufficient disclosure as to 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 authorized officers; and
(b) the parties to the proceedings would not be unduly
prejudiced thereby,
the Court may exclude such disclosure.
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INTERCEPTION OF COMMUNICATIONS 2 1
(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 offences.
this Act, makes a statement which he knows to be false in &y
material particular commits an offence and is liable upon sum-
mary conviction in a Resident Magistrate's Court to a fine not
exceeding three million dollars or to imprisonment for a term
not exceeding three years or to both such fine and imprison-
ment.
(2) A person who intentionally discloses the contents of
any communication-
(a) obtained. by means of a warrant, to a person to whom
he is not authorized to disclose the communication; or
(b) obtained in contravention of this Act,
commits an offence, whether the disclosure takes place in 2112011
Jamaica or elsewhere, and is liable upon summary conviction in S. 3(a).
a Resident Magistrate's Court to a fine not exceeding five
million dollars or to imprisonment for a term not exceeding five
years, or to both such fine and imprisonment.
(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.
(4) In the case of an offence under subsection (2), 2112011
where the disclosure takes place outside of Jamaica, the Resi- s 3(b)
dent's Magistrate Court for the Corporate Area shall have juris-
diction to hear the matter.
16.-(1) In this section-
"communications data" means any-
Disclosure
of commun-
ications
data.
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INTERCEPTION OF COMMUNICATIONS
(a) traffic data comprised in or attached to a communi-
cation, whether by the sender or otherwise, for the pur-
poses of any telecommunications network by means of
which the communication is being or may be trans-
mitted;
(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 network; or
(ii) of any part of a telecommunications network
in connection with the provision to or use by,
any person of any telecommunications service;
"designated person" means the Minister or any person
prescribed for the purposes of this section by the
Minister by order subject to affirmative resolution;
LLtraffi~ data", in relation to a communication, means any
data-
(a) identifying, or purporting to identify, any person, appa-
ratus or location to or from which the communication
A -
is or may be transmitted;
(b) identifying or selecting, or purporting to identify or
select, apparatus through or by means of which the
conimunication is or may be transmitted;
'
,', .' (c) comprising signals for the actuation of-
(i) apparatus used for the purposes of a telecom-
munications network for effecting, in whole or
in part, the transmission of any communica-
tion; or
' I
(ii) -any telec6mmunications netkork in which'that
apparatus is comprised;
(6) identifying the data or other data as data'comprised in
or attached to a particular conhunication; or
-. -... .
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INTERCEPTlON OF COAMUNlCATlONS 23
(e) identifling 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 authorized officer all of the data in his
possession or subsequently obtained by him; or
(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 telecommunications
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 communications data in relation to which it
applies;
23 .INTERCEPTION OF COMMUNICATIONS
(b) the authorized officer to whom the disclosure is to be
made;
(c) the manner in which the disclosure is to be made;
(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 fiom 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;
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INTERCEPTION OF COMMuNlcA TIONS 25
(b) an attorney-at-law for the purpose of obtaining legal
advice or representation in relation to the notice,
and a person referred to in paragraph (a) or (6) shall not disclose
the existence or operation of the notice, except to the authorized
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 authorized 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 Jamaica 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.
(10) A person who contravenes subsection (7), (8) or (9)
commits an offence and is liable on summary conviction in a
Resident Magistrate’s Court to a fine not exceeding five million
dollars or to imprisonment for a term not exceeding five years or
to both such fine and imprisonment.
obtained in accordance with section 16 shall be admissible as co,,,,,,unica-
evidence in accordance with the law relating to the admissibility tions data.
of evidence.
17.-( 1) Subject to subsection (2), communications data Admis-
sibility of
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26 INTERCEPTION OF COMMUNICATIONS
(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 authorized officers;
and
(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 fiom
the list of offences contained in the Schedule.
(2) An order made under subsection (1) shall be subject
to affirmative resolution.
referred to in subsection (1)-
Amendment
of Schedule.
19. 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.
Regulations.
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INTERCEPTION OF C O M m I C A TIONS 27
SCHEDULE (Sections 4 and 18)
Applicable Offences
1. Capital or non-capital murder or treason.
2. Kidnapping or abduction.
3. Money laundering contrary to the Money Laundering Act.
4. Producing, manufacturing, supplying or otherwise dealing in any
dangerous drug in contravention of the Dangerous Drugs
Act.
5. Transporting or storing a dangerous drug where possession of such
drug contravenes the Dangerous Drugs Act.
6. Importing or exporting a dangerous drug .in contravention of the
Dangerous Drugs Act.
7. Importation, exportation or transshipment of any firearm or
ammunition in contravention of the Firearms Act.
8. Manufacture of, or dealing in, firearms or ammunition in contra-
vention of the Firearms Act.
9. Illegal possession of a prohibited weapon or' any other fire-
arm or ammunition contrary to section 20 of the Firearms
Act.
10. An offence contrary to section 14 of the Corruption Prevention Act.
1 I. Arson.
12. A terrorism offence, as defined by section 2 of the Terrorism I712006
Prevention Act. S. 5.
13. An offence under section 10 of the Child Care Protection Act (sale 17/2006
or traficking of children). S. 5.
14. An offence contrary to section 69 (child stealing) of the Offences
Against the Person Act.
15. Any offence under Part I1 of the Cybercrimes Act.
16. Aiding, abetting or conspiring to commit any of the offences 3ROIO
mentioned in paragraphs 1 to 15. S. 22.
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