Interpretation

(1) In this Act, unless the context otherwise requires“attorney-at-law” has the meaning given to it under section 2 of the Legal Profession Act; CAP. 320. “authorised officer” means the Commissioner of Police, or– (a) a person for the time being lawfully exercising the functions of the Commissioner of Police; (b) an officer authorised in writing to act on behalf of the Commissioner of Police; or (c) the Chief Executive Officer in the Ministry responsible for the Belize Police Department; (d) any person employed by or assigned to any law enforcement agency under the Government who is explicitly authorised by the Commissioner of Police to carry out lawful 6 [CAP. 229:01Interception of Communications interception and related functions under this Act. CAP. 138. “Commissioner” means the Commissioner of Police appointed under section 3 of the Police Act; “communication” includes– (a) except in the definition of “postal service”, anything encrypted or unencrypted transmitted by means of a postal service including a postal article; (b) anything encrypted or unencrypted comprising speech, music, sounds, visual images or data of any description; and (c) encrypted or unencrypted signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus; “communication data” means any– (a) encrypted or unencrypted data comprised in or attached to a communication, whether by the sender or otherwise, for the purposes of any postal service or communication network by means of which the communication is being or may be transmitted; (b) encrypted or unencrypted information, that does not include the contents of a communication, other than data falling within paragraph (a) which is about the use, made by any personInterception of Communications[CAP. 229:01 7 (i) of any postal service or communication network; or (ii) of any part of a communication network in connection with the provision to or use by any person of any communication service; and (c) encrypted or unencrypted information not falling within paragraph (a) or paragraph (b) that is held or obtained, in relation to persons to whom he provides the service, by a person providing a postal or a communication service; “communication network” means any wire, radio, optical or other electromagnetic system used to route switch or transmit “communication provider” means a person who operates a communication network or who provides a communication service including, but not limited to, radio, telecommunications, and internet service providers; “communication service” means a service that consists in the provision of access to and of facilities for making use of, any communication network, whether or not it is one provided by the person providing the service; “Council” means the National Security Council; “Director of the Financial Intelligence Unit” means the Director of Financial Intelligence Unit appointed under section 4 of the Financial Intelligence Unit Act; CAP. 138:02. “Director of Public Prosecutions” means the Director of Public Prosecutions appointed under section 108 of the Belize Constitution; CAP. 4. 8 [CAP. 229:01Interception of Communications “disclosure order” means an order made pursuant to section 14 of this Act, requiring access to electronic data; “electronic signature” means anything in electronic form which– (a) is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data; (b) is generated by the signatory or other source of the communication or data; and (c) is used for the purpose of facilitating, by means of a link between the signatory or other source and the communication or data, the establishment of the authenticity of the communication or data, and the establishment of its integrity or both; “encrypt” means the use of codes, ciphers, mechanical systems, or electronic algorithms so as to make visual images, speech, music, sounds, or data of any description, which would otherwise be intelligible, unintelligible from its intended meaning and corresponding codes, ciphers, mechanical systems, or electronic algorithms to become, once again, intelligible; “intercept” includes– (a) aural or other acquisition of the contents of a communication through the use of any means, including an interception device, so as to make some or all of the contents of a communication available to a person other than the sender or recipient or intended recipient of that Interception of Communications[CAP. 229:01 9 (b) monitoring a communication by means of a monitoring device; (c) viewing, examining, or inspecting the contents of a communication; (d) diverting of any communication from its intended destination to any other destination; and (e) cloning of telecommunication equipment by con-figuring or otherwise modifying telecom- munication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorisation. and “interception” shall be construed accordingly; “intercepted communication” means a communication which during the course of its transmission by means of a postal service or a communication network is intercepted; “interception device” means any electronic, mechanical or other instrument, device, equipment or apparatus, or software which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus to intercept any communication but does not mean any instrument, device, equipment or apparatus, or any component thereof– (a) furnished to a customer by a communication provider in the ordinary course of business and being used by the customer in the ordinary course of his business; (b) furnished by a customer for connection to the facilities of a communication service and 10 [CAP. 229:01Interception of Communications being used by the customer in the ordinary course of business; or (c) being used by a communication provider in the ordinary course of business; “interception direction” means an interception direction issued pursuant to section 6 of this Act; “Judge” means a Judge of the Supreme Court; “key” in relation to electronic data, means a key, code, password, algorithm or other data the use of which, (with or without keys)– (a) allows access to the electronic data; or (b) facilitates the putting of the electronic data into an intelligible form; “listed equipment” means– (a) any equipment declared to be listed equipment pursuant to section 23 of this Act; or (b) a component of equipment referred to in paragraph (a); “Minister” means the Minister responsible for the police; CAP. 138. “Police Department” means the Belize Police Department established under section 4 of the Police Act; “postal article” means– (a) any form of written communication, or any other document or articleInterception of Communications[CAP. 229:01 11 (i) that is addressed to a specific person or a specific address; and (ii) that is to be conveyed other than by electronic means; and (iii) for which a charge is made in respect of carrying, taking charge of, sending it or delivering; or (b) an envelope, packet, package, or wrapper containing a communication, document or article; “postal provider” means a person who provides a postal service; “postal service” means a service which– (a) consists of the following, or any one or more of them, namely the collection, sorting, conveyance, distribution and delivery whether in Belize or elsewhere, of postal articles; and (b) is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, by means of transmission from place to place of postal articles containing communication; “private communication network” means a communication network that, without it being a public communication network, is a communication network in relation to which the following conditions are satisfied– (a) it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public communication network; and 12 [CAP. 229:01Interception of Communications (b) there is apparatus comprised in the communication network which is both located in Belize and used, with or without other apparatus, for making the attachment to the public communication network; “protected information” means electronic data which, without a key, or cannot readily be accessed or put in an intelligible form; “public communication network” means– (a) a telecommunications network commonly known as a public switched telephone network including satellite, fixed, and cellular telephone services; (b) a communication network used by any person to provide communication services to the public including, but not limited to, radio, telecommunications, and internet service; or (c) a communication network whereby the public can send or receive communication service to or from– (i) anywhere in Belize; or (ii) anywhere outside Belize; “public postal service” means any postal service which is offered or provided to the public or to a substantial section of the public in Belize; CAP. 104. “terrorist act” has the meaning given to it under the Money Laundering and Terrorism (Prevention) Act; “traffic data” means any communication dataInterception of Communications[CAP. 229:01 13 (a) identifying, or purporting to identify, any person, apparatus or location to or from which the communication may have been, is or may be transmitted, and “data” in relation to a postal article, means anything written on the outside of the postal article; (b) identifying or selecting, or purporting to identify or select, apparatus through or by means of which the communication is or may be transmitted; (c) comprising signals for the actuation of– (i) apparatus used for the purposes of a communication network for effecting, in whole or in part, the transmission of any communication; or (ii) any communication network in which that apparatus is comprised; (d) identifying the data or other data as data comprised in or attached to a particular communication; or (e) identifying a computer file or a computer programme, access to which is obtained or which is run by means of the communication, to the extent only that the file or the programme is identified by reference to the apparatus in which it is stored, and references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other. (2) For the purposes of this Act “the interests of national security” shall be construed as including, but not limited to, the protection of Belize from threats of sabotage, espionage, 14 [CAP. 229:01Interception of Communications terrorist acts, terrorism, subversion or military or paramilitary invasion. (3) For the purpose of this Act “detection” of an offence shall be taken to include– (a) establishing by whom, for what purpose, when, by what means and generally in what circumstances any offence may be committed; and (b) the apprehension of the person by whom an offence was committed.