Electronic Crimes Act, 2013, unauthorised access and interference
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not gain access to, or download, copy or extract data from, an electronic system or network without the permission of its owner or the person in charge of it.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
A fine not exceeding two hundred thousand dollars or imprisonment not exceeding three years, or both, on summary conviction (s. 5(2)). Grenada's currency is the Eastern Caribbean dollar (XCD).
Penalty structure
Fine only; the same subsection also allows imprisonment of up to three years instead of or in addition to the fine (s. 5(2)).
- Rule
- Fixed only
- As of
- Currency
- XCD
- Fixed cap
- 200,000
What it makes you log
Logging duty
Section 5 forbids gaining access to an electronic system or network, or downloading, copying or extracting data from it, without the permission of the owner or person in charge, and subsection (2) sets a fine of up to 200,000 dollars or imprisonment of up to three years. It imposes no duty to make, keep, produce or review a log or record. Part III (sections 19 to 23, preservation, disclosure and production orders) is law-enforcement procedure outside the offence section this row cites, and the Act has no territorial or jurisdiction clause for the offence.
- Kind
- None
- As of
What this law does
Section 5(1) prohibits a person from, knowingly or without lawful excuse or justification, or without the permission of the owner or any other person in charge of an electronic system or network, gaining access to it, or downloading, copying or extracting data, an electronic database or information from it, including information or data held or stored in a removable storage medium.
Unlike a computer-misuse offence conditioned on defeating a technical security measure, section 5's chapeau names the absence of permission from the owner or person in charge of the system as one of its alternative conditions, a standard that on its face can reach a scraper that accesses or extracts data from a public, unauthenticated page without the site operator's permission; no reported Grenadian case has tested the provision against that fact pattern.
The offence carries a fine of up to two hundred thousand dollars or imprisonment of up to three years, or both, on summary conviction. Act 23 of 2013 came into force on . Council of Europe reporting records an amendment by Act 10 of 2014 that repealed three unrelated sections, 6, 16 and 25.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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