Octopus Cybercrime Community

Cybercrime Act 20, 2016 adopted in 2016 contains substantive law provisions and addresses most of the offences listed in the Budapest Convention. The same Act addresses extensively procedural powers corresponding to the Budapest Convention.

Cybercrime Act 2016 Addresses substantive matters, listing offences in Part II of the law, procedural powers in Part III - Investigations and procedures; and liability of internet service providers.The bill includes an extensive list of useful definitions, including for child pornography and “hindering” a computer system.

Offences listed are: Art. 3 illegal access to computer systems, Art. 4 illegal remaining in computer system; Art.5 illegal interception, Art. 6 illegal data interference; Art. 7 illegal acquisition of data, Art. 8 illegal system interference, Art. 9 offences affecting critical infrastructure, Art. 10 illegal devices, Art. 11 identity-related crimes, Art. 12 computer-related forgery and Art. 13 computer-related fraud, art 14 child pornography, Art. 15 violation of privacy, art. 16 Sexual harassment by electronic communication, art. 17 cyberbullying, Art. 18 harassment by electronic communication, art. 19 Libel by electronic communication, Art. 20 spam and Art. 21 spoofing, and art. 34 offence by body corporate.

Saint Vincent and the Grenadines is a Party to three intellectual property conventions. Whether it has criminalised accordingly, per BC Article 10, is not known.

The Cybercrime Act 20, 2016 lists procedural powers in Part III - Investigations and procedures; and liability of internet service providers. Procedural measures foreseen in the Act applicable to the crimes prescribed in the first part of the law include: Art. 22 expedited preservation; Art. 23 disclosure of traffic data; Art. 24 Production order; Art. 25 collection of traffic data; art 26 order for removal or disablement of data; art. 29 remote forensic tools, and Art. 35 search and seizure. The Budapest Convention confidentiality requirements are covered in the Saint Vincent and the Grenadines provisions.

Art. 33 offers a provision on jurisdiction that is co-extensive with BC Article 22.

Freedom of Information Act addresses: the publication of certain documents and information; and the right of access to information.

Saint Vincent and the Grenadines has a detailed Mutual Legal Assistance Act from 1993. It could potentially cover some of the international cooperation requirements in BCBudapest, but it is not known whether it has been or could be utilised for electronic evidence. Since it dates from 1993, it would not provide for the more-rapid communication methods that Budapest Convention permits for urgent mutual legal assistance requests.

The 2016 Act provides for extradition for most or all of the substantive Budapest Convention offences.