INTERCEPTION OF COMMUNICATION ACT
GETS EXTRA-TERRITORIAL REACH

Press Release
JULY 14, 2011 - Two significant features of the Interception of Communications Act have been changed to facilitate the sharing of information with a foreign state and provide extra territorial jurisdiction with respect to unauthorized disclosure of intercept information.

Extra territorial jurisdiction is the legal ability of a government to exercise authority beyond its normal or geographical boundaries.

The Bill – entitled An Act to Amend the Interception of Communications Act 2011- which was piloted by the Minister of Justice, the Hon. Delroy Chuck, was tabled in the House of Representatives on Tuesday and passed into law on Wednesday, July 13, 2011.

Interception of Communication Act

The Interception of Communication Act, which was first enacted in 2002, provides that electronic interception of a private telephone call may be done pursuant to an order from a judge based upon legally sufficient application for a warrant.

The statute, which is only applicable in Jamaica, limits both the persons who can conduct the court-ordered interception as well as the persons to whom the intercepted communications can be disseminated. Simply put, the law limits the persons who can listen to or read transcripts of the intercepted communication. It is a crime under the Act for an authorized officer to disclose intercepted information to someone who was not authorized by the court to have the information disclosed.

Absence of an extra-territorial application 

Speaking in the House on Tuesday, the Justice Minister highlighted that in the absence of an extra-territorial application (in the Act), a policy decision was made by the Government of Jamaica for domestic law to permit and facilitate the sharing of information with external law enforcement authorities for evidential purposes. This evidence could assist in the prosecution of criminal offenders where such offences occurred in foreign countries or are being investigated by such authorities in foreign countries with which Jamaica has entered into appropriate treaty arrangements.  

In light of this, Mr. Chuck said, a proposal was made to amend Act so that when an order is made to intercept a conversation over a telecommunications network, of persons suspected of being involved in crimes committed under the Act, the judge will have the power to make an order which will allow the information to be used by a foreign government or agency thereof for the purpose of introducing it as evidence in court proceedings.

For extra-territorial jurisdiction in respect of the offence of unauthorized disclosure of intercepted communications, the Act (before it was amended) made it an offence if a person intentionally discloses the contents of any communication obtained by means of a warrant, to a person to whom he is not authorized to disclose the communication or the content of any communication obtained in contravention of the Act.  However, this section was applicable only in Jamaica.

To that end, the Government of Jamaica amended the Act to extend extra territorial jurisdiction in respect of the offence of unauthorized disclosure.