Duty to provide assistance

(1) A person who provides a public postal service or a service by means of a public or private communication network shall take such steps as are necessary to facilitate, within the period of time stipulated in the direction or order, the installation of any equipment or software necessary for the carrying out of interception directions or disclosure order for protected information or traffic data, including providing all technical information necessary for the installation, maintenance, and operation of such equipment and software. (2) A person who provides a public postal service or a service by means of a public or private communication network shall take such steps as are necessary to facilitate within the period of time stipulated in the direction or order the execution of an interception direction or disclosure order. (3) Where the authorised officer intends to seek the assistance of any person in executing an interception direction, entry warrant, or disclosure order for protected information or traffic data, the Judge shall, on the request of the Director of Public Prosecutions or the Director of the Financial Intelligence Unit, appearing on behalf of the authorised officer, direct appropriate persons to furnish information, facilities, or technical assistance necessary to accomplish the direction or (4) A person who knowingly fails to comply with his duty under this section or otherwise interferes with the execution of an interception direction, entry warrant, or disclosure order for protected information or traffic data, or interferes with the installation or operation of equipment or software required for the execution of a direction, warrant, or order 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; Interception of Communications[CAP. 229:01 39 (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. (5) An action shall not be brought in any court against a person for any act done in good faith pursuant to a direction, warrant, or order to provide information, facilities or technical assistance under sub-sections (1) and (2) of this section. (6) A person directed to provide assistance by way of information, facilities, or technical assistance pursuant to sub- sections (1) and (2) of this section, shall without delay comply in such a manner that the assistance is rendered– (a) as unobtrusively; and (b) with the minimum interference to the services that such a person or entity normally provides to the party affected by the direction, warrant, or order as can reasonably be expected in the circumstances. (7) For the purposes of this section, the provision of information facilities or technical assistance includes any disclosure of intercepted material and related communication data to the authorised officer. etc.