Financial Crime World

Guyana’s Cybercrime Bill 2016: A Comprehensive Legal Framework to Combat Digital Crime

The Parliament of Guyana passed the Cybercrime Bill 2016 (Bill No.17 of 2016) in a bid to strengthen legislation against cybercrimes, posing a significant threat to financial institutions and individual privacy. Let’s discuss the main aspects of this new Act, focusing on the cybercrime offenses outline in Part II.

Cybercrime Offenses & Penalties

Part II of the Cybercrime Act 2016 outlines various cybercrime offenses and their corresponding penalties.

  1. Illegal access to a computer system

    • Accessing a computer system without authorization or exceeding authorized access
    • Penalties: Fines of up to five million dollars and imprisonment for five years (on indictment)

  2. Illegal interception

    • Intercepting computer data communications or electromagnetic emissions
    • Penalties: Fines of up to eight million dollars and imprisonment for five years (on indictment)

  3. Illegal data interference

    • Altering, deleting, or denying access to computer data
    • Penalties: Fines of up to three million dollars and imprisonment for three years (on indictment or summary conviction)

  4. Illegal acquisition of data

    • Stealing or acquiring computer data without lawful justification
    • Penalties: Fines of up to three million dollars and imprisonment for three years (on summary conviction) or up to eight million dollars and imprisonment for five years (on indictment)

  5. Illegal system interference

    • Hindering or interfering with computer systems or another person’s lawful use
    • Penalties: Fines of up to three million dollars and imprisonment for three years (on indictment or summary conviction)

The Cybercrime Act 2016 also covers other offenses, such as:

  • Identity-related offenses
  • Child pornography and child luring
  • Public disclosure
  • Sedition
  • ** Copyright infringement**

Penalties for Assistance & Destruction of Digital Evidence

Additionally, the Act includes penalties for attempting, aiding, or abetting these cybercrimes, as well as using a computer system to commit offenses under any other law. Furthermore, penalties for non-compliance with court orders and the destruction or disposal of digital evidence are also outlined in the Cybercrime Act 2016.

With these comprehensive measures, Guyana’s financial institutions and citizens are expected to be better protected from the increasingly sophisticated digital threats.