Octopus Cybercrime Community

• Specific legislation on cybercrime has been enacted through the Electronic Crimes Act (Act no. 23 of 2013, amended by Act no. 10 of 2014 and repealing the following sections: 6 – Sending offensive messages through communication services, etc.; 16 - Electronic stalking; 25 - Arrest without warrant), approved in 2013 and came into effect in 2016.
• Evidence Act 2000 – Part IV contains provisions on "Hearsay and Computer-generated evidence" (Art. 36 A, B, G, H).
• Act no. 6 of 2012 – Proceeds of Crime Act: art. 53 (8) contains provisions of production orders related to “information contained in or accessible by means of a computer”. Act no. 10 of 2013 – Proceeds of Crime (Amendment) Bill Act”, Act. no. 11 of 2014, Act no. 35 of 2014, Act no. 4 of 2015, Act no. 7 of 2018 amended Act no. 6 of 2012 – Proceeds of Crime Act.
• Act no. 13 of 2013 – Electronic Evidence Act makes “provisions for the legal recognition of electronic records and to facilitate the admission of such records into legal proceedings and other related matters”.
• Act no. 14 of 2013 – Electronic Transfer of Funds Crimes provides “the regulation of the transfer of money through electronic means and for related matters.”
• Act no. 21 of 2013 – Electronic Transactions: Part II (6, 7) contains provisions of “legal recognition of electronic communication”, “legal recognition of electronic records”.
• Act no. 22 of 2013 – Interception of Communication: Part V (28) contains provisions of: “Disclosure of stored communication data”. Amended by Act no. 1 of 2014.
• Act no.1 of 2023 – Data Protection Act: seeks to promote the protection of personal data processed by public and private bodies and to provide for the functions of the Information Commission and related matters.
• Act no.14 of 2001 - Mutual Legal Assistance in Criminal Matters: makes provision for mutual legal assistance in criminal matters between Grenada and designated countries
   

The Electronic Crimes Act 2013 contains penal substantive measures. PART II of the Act, Clauses 5 -20, creates 16 offences: access and interference, identity theft, electronic forgery, electronic fraud, malicious code, violation of privacy, misuse of encryption, child pornography, sensitive electronic system, electronic terrorism, prank calls to law enforcement, spoofing and unauthorized access to code.

Section 5(1)(a) seeks to criminalize illegal access.

Section 5(1)(d), (i) and (j) seek to criminalize data interference

Section 5(1)(c), (d), (e) and (f) seek to criminalize system interference.

Section 18 criminalizes the disclosure or obtaining of a password or access code for any unlawful purpose.

Section 8 seeks to criminalize electronic forgery.

Section 9 seeks to criminalize electronic fraud and appears to cover most aspects of the corresponding offence under the Budapest Convention.

Section 13 seeks to criminalize most aspects of child pornography as envisaged under the Budapest Convention. However, it is not clear whether this provision would criminalize child pornography would include visual representations of a person appearing to be a child or realistic images representing a child engaged in sexually explicit conduct.

Section 8(1)(i) of the Copyright Act criminalizes the communication of copyrighted works to the public. This would appear to cover some aspects of infringement of copyright by means of a computer system, though an explicit provision was not found.

PART III of the Electronic Crimes Act 2013, Clauses 21 – 30, provides for investigations and procedures of electronic crimes. Clauses 21 – 23 makes provision for the grant of a preservation order, disclosure of preserved data order and production order. Clause 24 makes provision for search and seizure measure. Clause 25 refers to real time collection of traffic data. Clause 30 refers to internet service providers’ liability.

Section 19 provides for the expedited preservation of stored computer data. It is consistent with the Budapest Convention.

Section 19 provides for the disclosure of any preserved data. This power is not limited to partial traffic data as required under the BC and is not an expeditious power as it requires prior provision of evidence to a judge and judicial authorization.

Section 21 provides for the issuance of production orders in a manner largely consistent with the Budapest Convention.

Section 22 provides for the search and seizure of computer data.

Section 23 provides for the real-time collection of traffic data and is largely consistent with the Budapest Convention on Cybercrime.

The Mutual Assistance in Criminal Matters Act provides general enabling powers for mutual assistance. However, there are no specific provisions enabling international cooperation with respect to electronic evidence or associated specialized powers.