Unauthorised interception of protected information, etc

(1) Except as provided in this section, a person who intentionally intercepts or otherwise acquires protected information or traffic data by means of a communication network commits an offence and, on conviction on indictment, is liable to– (a) a fine of not less than twenty five thousand dollars and not exceeding fifty thousand dollars or to a term of imprisonment not exceeding three years in the first instance; (b) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding five years in the second instance; and (c) a fine of one hundred thousand dollars and a term of imprisonment not exceeding five years in the subsequent instances. (2) A person who intentionally intercepts or otherwise acquires protected information or traffic data in the course of its transmission by means of a communication network for the 30 [CAP. 229:01Interception of Communications purpose of commercial benefit, political advantage, or criminal activity commits an offence, and on conviction on indictment, is liable to– (a) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding five years in the first instance; (b) a fine of not less than one hundred thousand dollars and not exceeding two hundred thousand dollars or to a term of imprisonment not exceeding ten years in the second instance; and (c) a fine of two hundred thousand dollars and a term of imprisonment not exceeding ten years in the subsequent instances. (3) A person does not commit an offence under sub-section (1) of this section if– (a) the protected information or traffic data is intercepted in accordance with a disclosure order issued pursuant to section 14 of this Act; (b) the protected information or traffic data is stored communication and is acquired in accordance with the provisions of any other law; (c) the is made through a communication network that is so configured as to render the protected information or traffic data readily accessible to the general public. (4) A person does not commit an offence under sub-section (1) of this section where the person is an authorised officer who Interception of Communications[CAP. 229:01 31 believes that the interception of protected information or traffic data is necessary for the purpose of an emergency, of preventing damage to public or private property, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health, or in the interests of national security.