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 authorised officer

   10   Duties of persons providing assistance or telecommunications services

   11   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

 

THE INTERCEPTION OF COMMUNICATIONS ACT

[Date of Commencement: 15th March, 2002]

Acts
5 of 2002,
18 of 2005,
17 of 2006,
12 of 2009,
3 of 2010,
21 of 2011.

1   Short title

   This Act may be cited as the Interception of Communications Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "authorised 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 organisation replacing the same; or

   (c)   the Chief of Staff, or the head of the Military Intelligence Unit, of the Jamaica Defence Force;

   "disclosure order" means an order under section 12 requiring the disclosure of a protected communication;

   "electronic signature" means anything in electronic form which-

   (a)   is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data;

   (b)   is generated by the signatory or other source of the communication or data; and

   (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 telegraphy to or from apparatus comprising in the network;

   (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 contents 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 communication, 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 communication into an intelligible form;

   "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 satisfied-

   (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 telecommunications 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 from-

   (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

   (d)   transmitted between persons and persons, things and things or persons and things;

   "telecommunications network" means a system of telecommunications 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;

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