Octopus Cybercrime Community

There is no extensive cybercrime legislation in place. Instead, some cybercrime acts are incorporated in different legislation, namely in Tuvalu Telecommunications Corporation Act, which is not by its nature an act of substantive criminal law per se. Also, existing Criminal Procedure Code includes some provisions which are enabling seizure of electronic evidence, but further improvement of the legal text should be applied. In addition, there are no legislative provisions to criminalise online child abuse.

Tuvalu has drafted a Cybercrime Bill and its, but its approval is still pending. Tuvalu plans to develop a Consumer Act as well.

Pure cybercrime offences - some

Tuvalu Telecommunications Corporation Act, Section 33: Various telecommunications offences—modifying or interfering with messages, interception, and disclosure of intercepted messages

Cyber-enabled offences - some

Tuvalu Telecommunications Corporation Act, Section 33: Offence for sending of a grossly offensive message

Penal Code: Various fraud and forgery offences (not computer specific)

Preservation of data – none

Search and seizure

Criminal Procedure Code, Section 101: Provisions for general search and seizure powers which extend to electronic evidence

Police Powers and Duties Act 200979, Section 61: Search warrant powers include accessing and making copies of electronic evidence

Real-time collection of data - none

The Constitution of Tuvalu protects the fundamental liberties.

Tuvalu Telecommunications Corporation Act

Penal Code

Criminal Procedure Code

Extradition Act

Mutual Assistance in Criminal Matters Act

Legal framework:

Extradition Act: Extensive provisions for rules and procedure for extradition for an offence with a minimum penalty of 1 year 

Mutual Assistance in Criminal Matters Act: Extensive provisions covering rules and procedures for mutual legal assistance in criminal matters. Search and seizure powers can be exercised/requested for offences with a minimum penalty of 1 year