Penalty for unauthorised disclosure of communication, etc

(1) Where an interception direction, entry warrant, or disclosure order for protected information or traffic data has been issued or renewed, it shall be the duty of every person who may be privy to such information to keep such information confidential40 [CAP. 229:01Interception of Communications (a) the existence and the contents of the interception direction, entry warrant, or disclosure order for protected information or traffic data; (b) the details of the issue of the interception direction, entry warrant, or disclosure order for protected information or traffic data and of any renewal or modification; (c) the existence and the contents of any requirement to provide assistance with the giving effect to the interception direction, entry warrant, or disclosure order for protected information or traffic data; (d) the identity of the officers involved in the execution of the interception direction, entry warrant, or disclosure order for protected information or traffic data; (e) information regarding the equipment or software to be used in the execution of the interception direction, entry warrant, or disclosure order for protected information or traffic data; (f) the methods or steps taken pursuant to the interception direction, entry warrant, or disclosure order for protected information or traffic data or of any such requirement; and (g) everything in the intercepted material, information, or data. (2) A person who makes a disclosure to any person of anything that he is required to keep confidential under sub- section (1) of this section, commits an offence and, on conviction on indictment, is liable to, Interception of Communications[CAP. 229:01 41 (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. (3) In proceedings against a person for an offence under sub- section (2) of this section, it shall be a defence for that person to show that the disclosure was confined to a disclosure permitted by the authorised officer and explicitly authorised in writing. (4) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was confined to a disclosure authorised– (a) by the interception direction, entry warrant, or disclosure order for protected information or traffic data or by the person to whom the interception direction or the entry warrant is or was addressed; or (b) by section 18 of this Act.