Solomon IslandsTelecommunications Act 2009, Unauthorised-Access and Interception Offences
Telecommunications Act 2009 (Solomon Islands), Part 19 (Offences), s. 120
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access telecommunications facilities by infringing a security measure, with the intent of obtaining telecommunications data.
- Do not intercept, by technical means, a transmission that is not intended for you and not intended for public reception.
- These offences are framed around telecommunications facilities and telecommunications data, so their reach to a general web server outside the telecommunications sector is unsettled.
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
On conviction under section 120: a natural person is liable to a fine not exceeding 50,000 penalty units for a first offence and 100,000 penalty units for a second or subsequent offence, or to imprisonment for up to seven years; a company or other entity is liable to a fine not exceeding 500,000 penalty units for a first offence and 2,500,000 penalty units for a second or subsequent offence (s. 121). The Solomon Islands dollar value of a penalty unit is not stated in this Act.
What it makes you log
Logging duty
Section 120 creates the offences of accessing telecommunications facilities by infringing a security measure to obtain telecommunications data and of intercepting a transmission by technical means, and section 121 sets the penalty. Neither section requires anyone to create, keep, produce or review a log or record, and section 120 has no territorial clause. The Act has a record-related power outside this row: section 72(3) lets the Telecommunications Commission, by order or directions, require a service provider to retain, or not to retain, specified consumer information, including billing information, beyond a specified period; no period is fixed in the Act.
- Kind
- None
- As of
What this law does
Section 120(1) makes it an offence to, among other things: intentionally and without right or with dishonest or otherwise wrongful intent, access the whole or any part of any telecommunications facilities by infringing a security measure, with the intent of obtaining telecommunications data (paragraph (b)); or intercept by technical means a transmission not intended for the accused or for public reception, except as authorised (paragraph (c)).
Paragraph (d) separately makes it an offence to damage, delete, deteriorate, alter or suppress telecommunications data without right and with dishonest or otherwise wrongful intent, where this results in serious harm. Paragraph (e) makes it an offence to seriously hinder the functioning of any telecommunications facilities by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing telecommunications data, without right and with dishonest or otherwise wrongful intent.
Section 121 sets the penalty. The Act's stated purpose is to regulate the telecommunications sector and establish the Telecommunications Commission, and section 120's operative terms are "telecommunications facilities" and "telecommunications data" rather than a computer system generally. Section 1 provides that the Act commences on a date appointed by the Minister by notice in the Gazette. Legal Notice No. 561 of 2009 appoints as that date.
When LexLint raises it
When your app profile says your app crawls the web.
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