Cybercrime policies/strategies
Saint Lucia adopted a National ICT Policy and Strategy in 2013, which constituted of a five-year plan to improve access to information and communications technology. No specific strategy on cybercrime has been adopted.
Cybercrime legislation
Substantive law
Article 267 of Criminal Code (2005) (computer fraud) criminalises data and system interference. Illegal interception is criminalized under Interception of Communications Act (2005).
Article 9, Child pornography, of the Budapest Convention is addressed to a limited extent by Criminal Code Article 330. Article 8 (Computer Fraud) of the Budapest Convention, , is also somewhat addressed by current law. Saint Lucia is a Party to five intellectual property conventions; though, it is not known if it has criminalised accordingly per the requirements of Article 10 of the Budapest Convention is not known.
Procedural law
The Criminal Code (2005) contains limited reference to computer search and seizure. The Interception of Communications Act (2005) deals with powers of interception of content and, by related definition, with monitoring of traffic. The Evidence act regulates general principles of electronic evidence admissibility and provides for production orders. These acts appear to include the BC requirements regarding confidentiality and assistance to law enforcement by private persons.
Related laws and regulations
Specialised institutions
Work is underway for establishing a national CERT, according to the latest news on the subject dating from January 2020.
International cooperation
Practical guides, templates and best practices
Saint Lucia has a detailed Mutual Legal Assistance Act from 2008. It could potentially cover some of the international cooperation requirements in Budapest Convention, but it does not explicitly mention electronic evidence and it is not known whether it has been utilised for electronic evidence. It does not seem to provide for the more-rapid communication methods that Budapest Convention permits for urgent mutual legal assistance requests.
Jurisprudence/case law
Sources and links
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.