{"kind":"expression","expression":{"expr_id":"736","doc_id":"736","label":"2018 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2018\/32\", \"expression\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01.pdf\"}, \"pdf\": {\"md5\": \"5a0944bb46759b40361bc1e91b36f173\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.pdf\", \"pages\": 11, \"filename\": \"2018-0032_2018 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2553, \"paragraph_count\": 21, \"text_char_count\": 18413}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCEPTION OF TELECOMMUNICATIONS) REGULATIONS (2018 Revision) PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Information and Communication Technology Authority (Interception of Telecommunication Messages) Regulation, 2011 made the 26th July, 2011. Consolidated with - The Information and Communication Technology Authority (Interception of Telecommunication Messages) (Amendment) Regulation, 2016 made the 24th May, 2016. Consolidated and revised this 28th day of February, 2018. Information and Communications Technology Authority (Interception of Telecommunications) Regulations Arrangement of Regulations Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCEPTION OF TELECOMMUNICATIONS) REGULATIONS (2018 Revision) Arrangement of Regulations Regulation PART 1 - PRELIMINARY 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"PART 2 - INTERCEPTION OF TELECOMMUNICATION MESSAGES 4. 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"8A.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"9A. 9B. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Arrangement of Regulations Information and Communications Technology Authority (Interception of Telecommunications) Regulations 13. 14.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"PART 3 \u2013 PRISONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"PART 4 \u2013 AUDIT 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Information and Communications Technology Authority (Interception of Telecommunications) Regulations Regulation 1 Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCEPTION OF TELECOMMUNICATIONS) REGULATIONS (2018 Revision) PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Information and Communications Technology Authority (Interception of Telecommunications) Regulations (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these Regulations \u2014 \u201cICAC\u201d means the Interception of Communications Audit Committee established under regulation 17; \u201cintercept\u201d includes monitoring and interrupting; and \u201cmessage\u201d means a communication sent, delivered, received or transmitted, or intended to be sent, delivered, received or transmitted by telecommunication and includes any information that enables the identification of the origin and destination of the communication and the date and time it was transmitted or received. Regulation 3 Information and Communications Technology Authority (Interception of Telecommunications) Regulations 3. Application 3. These Regulations do not apply to the interception of messages on a telecommunication system provided by an employer to an employee. PART 2 - INTERCEPTION OF TELECOMMUNICATION MESSAGES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Governor may authorise interception 4. In exercise of the power conferred under section 75(2)(a), the Governor may issue a warrant authorising any person employed by the Royal Cayman Islands Police Service to intercept a message in relation to a matter or person for the purposes of gathering intelligence for purposes specified in regulation 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Grounds of interception 5. (1) The Governor may only issue a warrant \u2014 (a) in the interests of national security; (b) for the purpose of preventing or detecting serious crime; (c) to avert an imminent threat to human life; (d) in circumstances coming within the scope of international mutual assistance agreements; or (e) to safeguard the economic well-being of the Islands, and if he is satisfied that the interception of the message is proportionate to the ends sought to be achieved by intercepting the message and the information sought to be obtained cannot be obtained by other less intrusive means. (2) A warrant shall be addressed to the Commissioner, who may authorise an employee of the Royal Cayman Islands Police Service to execute the warrant. (3) In this regulation \u201cserious crime\u201d includes \u2014 (a) an offence for which a person who has attained the age of 21 and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more; and (b) an offence where the conduct \u2014 (i) involves the use of violence; (ii) results in substantial financial gain; or (iii) is conduct by a large number of people in pursuit of a common purpose. Information and Communications Technology Authority (Interception of Telecommunications) Regulations Regulation 6\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Oral applications and grants 6. (1) Where there is imminent threat to life and it is not practicable to make a written application for a warrant, an oral application supported by grounds orally given may be made and an oral warrant may be issued to last for twenty four hours but the period may be extended by a written warrant issued upon a written application. (2) A written application following an oral warrant shall otherwise comply with all the requirements of these Regulations and, in addition, reduce to writing the grounds orally given but shall in all other respects be treated as if no oral warrant had before been issued.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Governor may consult Attorney General 7. The Governor may, in the exercise of his powers under these Regulations, consult the Attorney General. 8. Contents of warrant 8. A warrant shall contain \u2014 (a) the facts constituting the grounds for requesting the warrant; (b) details of the person or premises, if known, to which the request relates and how that person or premises are relevant to the request; (c) a description of the messages to be intercepted; (d) details of the communications service provider; (e) supporting evidence of urgency, where an application is said to be urgent; and (f) an assurance that all material intercepted will be handled in accordance with safeguards established by the Government or the Royal Cayman Islands Police Service. 8A. Destruction of intercepted communication and related communications 8A. The Commissioner of Police shall ensure that arrangements are in place for the destruction of any communication intercepted under a warrant, any copies made of such communication and all related communications data, as soon as the intercepted communication is no longer needed for the purposes of regulation 9(3). 9. Exclusion of matters from legal proceedings 9. (1) Subject to paragraph (3), no evidence shall be adduced, question asked, assertion or disclosure made or other thing done in, for the purposes of, or in connection with, any legal proceedings or proceedings under the Commissions of Enquiry Law (1997 Revision) which, in any manner \u2014 Regulation 9A Information and Communications Technology Authority (Interception of Telecommunications) Regulations (a) discloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; or (b) tends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or is going to occur. (2) In this section \u201cintercepted communication\u201d means any communication intercepted in the course of its transmission by means of a telecommunication system. (3) Nothing in this regulation prohibits a disclosure of any information that continues to be available for disclosure if it is confined to a disclosure to \u2014 (a) a person conducting a criminal prosecution, for the purpose of enabling that person to determine what is required of the person as a prosecutor in order to secure the fairness of the prosecution; or (b) a judge of the Grand Court or a magistrate in a case in which the judge or magistrate \u2014 (i) is satisfied that the exceptional circumstances of the case make the disclosure essential in the interests of justice; and (ii) orders the disclosure to be made to such judge or magistrate alone. 9A. Unauthorised disclosures prohibited 9A. (1) No person to whom this section applies shall make an unauthorised disclosure to another person. (2) A person makes an unauthorised disclosure who discloses any of the following matters in relation to a warrant issued under regulation 5 \u2014 (a) the existence or contents of the warrant; (b) details of its issue, renewal or modification; (c) the existence or contents of any requirement to provide assistance in giving effect to the warrant; (d) the steps taken in pursuance of the warrant or a requirement referred to in subparagraph (c); or (e) any material obtained under the warrant. (3) This regulation applies to the following persons \u2014 (a) public officers; (b) persons employed by, or for the purposes of, a police force; (c) telecommunications operators and persons employed or engaged for the purposes of their telecommunications business; and (d) any person to whom any of the matters referred to in paragraph (2) have been disclosed under a warrant. Information and Communications Technology Authority (Interception of Telecommunications) Regulations Regulation 9B (4) For the purposes of this regulation, the following disclosures are authorised \u2014 (a) a disclosure authorised by the warrant, by the person to whom the warrant is addressed or by the terms of any requirement to provide assistance in giving effect to the warrant; (b) a disclosure made to the ICAC or the Police Public Complaints Authority for the purposes of facilitating the carrying out of any of their functions; and (c) a disclosure, other than a disclosure made with a view to furthering any criminal purpose, made \u2014 (i) by a legal adviser in contemplation of, or in connection with, any legal proceedings, for the purposes of those proceedings; (ii) by a professional legal adviser to the adviser\u2019s client or the client\u2019s representative in connection with the adviser giving advice to the client or representative about the effect of these Regulations; or (iii) by the client or representative referred to in subparagraph (c)(ii) to a professional legal adviser in connection with a matter referred to in that subparagraph. (5) Nothing in paragraph (4) affects the operation of regulation 9. 9B. Offence of making unauthorised disclosure 9B. (1) Any person who makes an unauthorised disclosure contrary to regulation 9A commits an offence and is liable \u2014 (a) on summary conviction, to a fine of ten thousand dollars or to imprisonment for a term of 6 months; or to both; or (b) on conviction on indictment, to a fine of twenty thousand dollars or imprisonment for a term of two years or to both. (2) In proceedings against any person under this regulation in respect of any disclosure, it is a defence for the person to show that they could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Channelling of requests to Governor: Within the RCIPS 10. A request for permission to intercept a message shall be directed to the Commissioner of Police who, if satisfied that such request might meet the grounds upon which the Governor may grant the request, may convey it to the Governor together with such modifications and comments as he may wish to make. Regulation 11 Information and Communications Technology Authority (Interception of Telecommunications) Regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Channelling of requests to Governor: From Immigration and Customs 11. (1) Requests from the Department of Immigration, the Department of Customs and Her Majesty\u2019s Prison Service shall be channelled to the Commissioner of Police subject to such internal procedures as the Chief Immigration Officer, the Collector of Customs and the Director of Prisons, respectively, may administratively institute. (2) Requests from the Department of Immigration, the Department of Customs and Her Majesty\u2019s Prison Service shall be handled by the Royal Cayman Islands Police Service in such manner as the Commissioner of Police may administratively institute. 12. Duration of warrant 12. A warrant shall be valid for the period stated on the warrant but such period shall not exceed three months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Renewal of warrant 13. A warrant may continue to be renewed so long as the same criteria for issuance of the warrant in the first place are applied.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Modification of warrant 14. The Governor may modify the details of a warrant issued either in his or her own discretion or upon request by the Commissioner of Police, who may be moved in that regard in the same way as he is in the issuance of an original warrant. 15. Need or otherwise of warrant to be kept under review 15. Without limiting the powers of the Governor in relation to any warrant, the Commissioner shall ensure that the need or otherwise of any warrant is kept under review. PART 3 \u2013 PRISONS 16. Monitoring of prisoners\u2019 telecommunications 16. (1) Nothing in these Regulations interferes with the duty of the Director of Prisons to intercept telecommunications to, from or among prisoners for the good order of the prison. (2) It is declared for purposes of clarification that the right of prisoners to communicate with their attorneys in confidence shall continue to be enjoyed by all prisoners to the extent existing before entry into force of these Regulations. Information and Communications Technology Authority (Interception of Telecommunications) Regulations Regulation 17 PART 4 \u2013 AUDIT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Establishment of audit committee 17. (1) The Governor in Cabinet shall appoint a committee to be known as the Interception of Communication Audit Committee, whose function shall be to conduct audits of interceptions carried out under these Regulations. (2) The ICAC shall consist of the following persons \u2014 (a) a retired Judge who shall be the chairperson; and (b) three Justices of the Peace. (3) Members of the ICAC shall serve at the pleasure of the Governor in Cabinet. (4) The ICAC shall adopt its own rules of procedure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Conduct of audit 18. (1) The ICAC shall conduct an audit of all interception equipment and data records at least once every six months to determine whether interceptions were conducted in accordance with these Regulations. (2) The Commissioner of Police shall disclose or provide to the ICAC access to interception equipment, data records and such documents and information as the ICAC may require for the purpose of enabling it to carry out its functions under these Regulations and, for the purposes of this regulation, data records do not include the recordings of the conversations or a transcript thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Confidentiality 19. Members of the ICAC shall sign a confidentiality agreement with the Governor, which shall prohibit the disclosure to unauthorised persons of information obtained during the audit process. 20. Report 20. The ICAC shall, through the Chairperson, present a written report to the National Security Council no later than 30 days after an audit is complete. Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. Kim Bullings Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_01_01\", \"date\": \"2018-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2018_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2018\/32\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2018\/32\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2018-0032\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"32 of 2018\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2018\/32\/eng@2018-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Information and Communications Technology Authority (Interception of Telecommunications Messages) Regulations\", \"actNumber\": \"32 of 2018\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY\n(INTERCEPTION OF\nTELECOMMUNICATIONS) REGULATIONS\n\n(2018 Revision)\nSupplement No. 6 published with Extraordinary Gazette No. 23 of 21st March, 2018.\n\nPage 2\nRevised as at 28th day of February, 2018\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (1999 Revision).\nThe Information and Communication Technology Authority (Interception of\nTelecommunication Messages) Regulation, 2011 made the 26th July, 2011.\nConsolidated with -\nThe Information and Communication Technology Authority (Interception of\nTelecommunication Messages) (Amendment) Regulation, 2016 made the 24th May,\n2016.\nConsolidated and revised this 28th day of February, 2018.\n\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\nArrangement of Regulations\n\nc\nRevised as at 28th day of February, 2018\nPage 3\n\nCAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY (INTERCEPTION\nOF TELECOMMUNICATIONS) REGULATIONS\n(2018 Revision)\nArrangement of Regulations\nRegulation\nPage\nPART 1 - PRELIMINARY\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication .................................................................................................................................6\nPART 2 - INTERCEPTION OF TELECOMMUNICATION\nMESSAGES\n4.\nGovernor may authorise interception .........................................................................................6\n5.\nGrounds of interception..............................................................................................................6\n6.\nOral applications and grants ......................................................................................................7\n7.\nGovernor may consult Attorney General ....................................................................................7\n8.\nContents of warrant ...................................................................................................................7\n8A.\nDestruction of intercepted communication and related communications .....................................7\n9.\nExclusion of matters from legal proceedings ..............................................................................7\n9A.\nUnauthorised disclosures prohibited ..........................................................................................8\n9B.\nOffence of making unauthorised disclosure ...............................................................................9\n10.\nChannelling of requests to Governor: Within the RCIPS ............................................................9\n11.\nChannelling of requests to Governor: From Immigration and Customs..................................... 10\n12.\nDuration of warrant .................................................................................................................. 10\n\nArrangement of Regulations\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\n\nPage 4\nRevised as at 28th day of February, 2018\nc\n\n13.\nRenewal of warrant .................................................................................................................. 10\n14.\nModification of warrant ............................................................................................................. 10\n15.\nNeed or otherwise of warrant to be kept under review ............................................................. 10\nPART 3 \u2013 PRISONS\n16.\nMonitoring of prisoners\u2019 telecommunications............................................................................ 10\nPART 4 \u2013 AUDIT\n17.\nEstablishment of audit committee ............................................................................................ 11\n18.\nConduct of audit ...................................................................................................................... 11\n19.\nConfidentiality .......................................................................................................................... 11\n20.\nReport ..................................................................................................................................... 11\n\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\nRegulation 1\n\nc\nRevised as at 28th day of February, 2018\nPage 5\n\nCAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY (INTERCEPTION\nOF TELECOMMUNICATIONS) REGULATIONS\n(2018 Revision)\n\nPART 1 - PRELIMINARY\n1.\nCitation\n1.\nThese Regulations may be cited as the Information and Communications\nTechnology Authority (Interception of Telecommunications) Regulations (2018\nRevision).\n2.\nDefinitions\n2.\nIn these Regulations \u2014\n\u201cICAC\u201d means the Interception of Communications Audit Committee\nestablished under regulation 17;\n\u201cintercept\u201d includes monitoring and interrupting; and\n\u201cmessage\u201d means a communication sent, delivered, received or transmitted, or\nintended to be sent, delivered, received or transmitted by telecommunication\nand includes any information that enables the identification of the origin and\ndestination of the communication and the date and time it was transmitted or\nreceived.\n\nRegulation 3\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\n\nPage 6\nRevised as at 28th day of February, 2018\nc\n\n3.\nApplication\n3.\nThese Regulations do not apply to the interception of messages on a\ntelecommunication system provided by an employer to an employee.\nPART 2 - INTERCEPTION OF TELECOMMUNICATION\nMESSAGES\n4.\nGovernor may authorise interception\n4.\nIn exercise of the power conferred under section 75(2)(a), the Governor may issue a\nwarrant authorising any person employed by the Royal Cayman Islands Police\nService to intercept a message in relation to a matter or person for the purposes of\ngathering intelligence for purposes specified in regulation 5.\n5.\nGrounds of interception\n5.\n(1) The Governor may only issue a warrant \u2014\n(a)\nin the interests of national security;\n(b) for the purpose of preventing or detecting serious crime;\n(c)\nto avert an imminent threat to human life;\n(d) in circumstances coming within the scope of international mutual\nassistance agreements; or\n(e)\nto safeguard the economic well-being of the Islands,\nand if he is satisfied that the interception of the message is proportionate to the\nends sought to be achieved by intercepting the message and the information\nsought to be obtained cannot be obtained by other less intrusive means.\n(2) A warrant shall be addressed to the Commissioner, who may authorise an\nemployee of the Royal Cayman Islands Police Service to execute the warrant.\n(3) In this regulation \u201cserious crime\u201d includes \u2014\n(a)\nan offence for which a person who has attained the age of 21 and has no\nprevious convictions could reasonably be expected to be sentenced to\nimprisonment for a term of three years or more; and\n(b) an offence where the conduct \u2014\n(i)\ninvolves the use of violence;\n(ii) results in substantial financial gain; or\n(iii) is conduct by a large number of people in pursuit of a common\npurpose.\n\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\nRegulation 6\n\nc\nRevised as at 28th day of February, 2018\nPage 7\n\n6.\nOral applications and grants\n6.\n(1) Where there is imminent threat to life and it is not practicable to make a\nwritten application for a warrant, an oral application supported by grounds\norally given may be made and an oral warrant may be issued to last for twenty\nfour hours but the period may be extended by a written warrant issued upon a\nwritten application.\n(2) A written application following an oral warrant shall otherwise comply with\nall the requirements of these Regulations and, in addition, reduce to writing the\ngrounds orally given but shall in all other respects be treated as if no oral\nwarrant had before been issued.\n7.\nGovernor may consult Attorney General\n7.\nThe Governor may, in the exercise of his powers under these Regulations, consult\nthe Attorney General.\n8.\nContents of warrant\n8.\nA warrant shall contain \u2014\n(a)\nthe facts constituting the grounds for requesting the warrant;\n(b) details of the person or premises, if known, to which the request relates\nand how that person or premises are relevant to the request;\n(c)\na description of the messages to be intercepted;\n(d) details of the communications service provider;\n(e)\nsupporting evidence of urgency, where an application is said to be\nurgent; and\n(f)\nan assurance that all material intercepted will be handled in accordance\nwith safeguards established by the Government or the Royal Cayman\nIslands Police Service.\n8A.\nDestruction of intercepted communication and related communications\n8A. The Commissioner of Police shall ensure that arrangements are in place for the\ndestruction of any communication intercepted under a warrant, any copies made of\nsuch communication and all related communications data, as soon as the intercepted\ncommunication is no longer needed for the purposes of regulation 9(3).\n9.\nExclusion of matters from legal proceedings\n9.\n(1) Subject to paragraph (3), no evidence shall be adduced, question asked,\nassertion or disclosure made or other thing done in, for the purposes of, or in\nconnection with, any legal proceedings or proceedings under the Commissions\nof Enquiry Law (1997 Revision) which, in any manner \u2014\n\nRegulation 9A\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\n\nPage 8\nRevised as at 28th day of February, 2018\nc\n\n(a)\ndiscloses, in circumstances from which its origin in anything falling\nwithin subsection (2) may be inferred, any of the contents of an\nintercepted communication or any related communications data; or\n(b) tends (apart from any such disclosure) to suggest that anything falling\nwithin subsection (2) has or may have occurred or is going to occur.\n(2) In this section \u201cintercepted communication\u201d means any communication\nintercepted in the course of its transmission by means of a telecommunication\nsystem.\n(3) Nothing in this regulation prohibits a disclosure of any information that\ncontinues to be available for disclosure if it is confined to a disclosure to \u2014\n(a)\na person conducting a criminal prosecution, for the purpose of enabling\nthat person to determine what is required of the person as a prosecutor in\norder to secure the fairness of the prosecution; or\n(b) a judge of the Grand Court or a magistrate in a case in which the judge or\nmagistrate \u2014\n(i)\nis satisfied that the exceptional circumstances of the case make the\ndisclosure essential in the interests of justice; and\n(ii) orders the disclosure to be made to such judge or magistrate alone.\n9A.\nUnauthorised disclosures prohibited\n9A. (1)\nNo person to whom this section applies shall make an unauthorised disclosure\nto another person.\n(2) A person makes an unauthorised disclosure who discloses any of the following\nmatters in relation to a warrant issued under regulation 5 \u2014\n(a)\nthe existence or contents of the warrant;\n(b) details of its issue, renewal or modification;\n(c)\nthe existence or contents of any requirement to provide assistance in\ngiving effect to the warrant;\n(d) the steps taken in pursuance of the warrant or a requirement referred to in\nsubparagraph (c); or\n(e)\nany material obtained under the warrant.\n(3) This regulation applies to the following persons \u2014\n(a)\npublic officers;\n(b) persons employed by, or for the purposes of, a police force;\n(c)\ntelecommunications operators and persons employed or engaged for the\npurposes of their telecommunications business; and\n(d) any person to whom any of the matters referred to in paragraph (2) have\nbeen disclosed under a warrant.\n\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\nRegulation 9B\n\nc\nRevised as at 28th day of February, 2018\nPage 9\n\n(4) For the purposes of this regulation, the following disclosures are authorised \u2014\n(a)\na disclosure authorised by the warrant, by the person to whom the\nwarrant is addressed or by the terms of any requirement to provide\nassistance in giving effect to the warrant;\n(b) a disclosure made to the ICAC or the Police Public Complaints Authority\nfor the purposes of facilitating the carrying out of any of their\nfunctions; and\n(c)\na disclosure, other than a disclosure made with a view to furthering any\ncriminal purpose, made \u2014\n(i)\nby a legal adviser in contemplation of, or in connection with, any\nlegal proceedings, for the purposes of those proceedings;\n(ii) by a professional legal adviser to the adviser\u2019s client or the client\u2019s\nrepresentative in connection with the adviser giving advice to the\nclient or representative about the effect of these Regulations; or\n(iii) by the client or representative referred to in subparagraph (c)(ii) to a\nprofessional legal adviser in connection with a matter referred to in\nthat subparagraph.\n(5) Nothing in paragraph (4) affects the operation of regulation 9.\n9B.\nOffence of making unauthorised disclosure\n9B. (1) Any person who makes an unauthorised disclosure contrary to regulation 9A\ncommits an offence and is liable \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars or to\nimprisonment for a term of 6 months; or to both; or\n(b) on conviction on indictment, to a fine of twenty thousand dollars or\nimprisonment for a term of two years or to both.\n(2) In proceedings against any person under this regulation in respect of any\ndisclosure, it is a defence for the person to show that they could not reasonably\nhave been expected, after first becoming aware of the matter disclosed, to take\nsteps to prevent the disclosure.\n10.\nChannelling of requests to Governor: Within the RCIPS\n10. A request for permission to intercept a message shall be directed to the\nCommissioner of Police who, if satisfied that such request might meet the grounds\nupon which the Governor may grant the request, may convey it to the Governor\ntogether with such modifications and comments as he may wish to make.\n\nRegulation 11\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\n\nPage 10\nRevised as at 28th day of February, 2018\nc\n\n11.\nChannelling of requests to Governor: From Immigration and Customs\n11. (1) Requests from the Department of Immigration, the Department of Customs\nand Her Majesty\u2019s Prison Service shall be channelled to the Commissioner of\nPolice subject to such internal procedures as the Chief Immigration Officer,\nthe Collector of Customs and the Director of Prisons, respectively, may\nadministratively institute.\n(2) Requests from the Department of Immigration, the Department of Customs\nand Her Majesty\u2019s Prison Service shall be handled by the Royal Cayman\nIslands Police Service in such manner as the Commissioner of Police may\nadministratively institute.\n12.\nDuration of warrant\n12. A warrant shall be valid for the period stated on the warrant but such period shall\nnot exceed three months.\n13.\nRenewal of warrant\n13. A warrant may continue to be renewed so long as the same criteria for issuance of\nthe warrant in the first place are applied.\n14.\nModification of warrant\n14. The Governor may modify the details of a warrant issued either in his or her own\ndiscretion or upon request by the Commissioner of Police, who may be moved in\nthat regard in the same way as he is in the issuance of an original warrant.\n15.\nNeed or otherwise of warrant to be kept under review\n15. Without limiting the powers of the Governor in relation to any warrant, the\nCommissioner shall ensure that the need or otherwise of any warrant is kept under\nreview.\nPART 3 \u2013 PRISONS\n16.\nMonitoring of prisoners\u2019 telecommunications\n16. (1) Nothing in these Regulations interferes with the duty of the Director of Prisons\nto intercept telecommunications to, from or among prisoners for the good\norder of the prison.\n(2) It is declared for purposes of clarification that the right of prisoners to\ncommunicate with their attorneys in confidence shall continue to be enjoyed\nby all prisoners to the extent existing before entry into force of these\nRegulations.\n\nInformation and Communications Technology Authority (Interception of\nTelecommunications) Regulations\nRegulation 17\n\nc\nRevised as at 28th day of February, 2018\nPage 11\n\nPART 4 \u2013 AUDIT\n17.\nEstablishment of audit committee\n17. (1) The Governor in Cabinet shall appoint a committee to be known as the\nInterception of Communication Audit Committee, whose function shall be to\nconduct audits of interceptions carried out under these Regulations.\n(2) The ICAC shall consist of the following persons \u2014\n(a)\na retired Judge who shall be the chairperson; and\n(b) three Justices of the Peace.\n(3) Members of the ICAC shall serve at the pleasure of the Governor in Cabinet.\n(4) The ICAC shall adopt its own rules of procedure.\n18.\nConduct of audit\n18. (1) The ICAC shall conduct an audit of all interception equipment and data\nrecords at least once every six months to determine whether interceptions were\nconducted in accordance with these Regulations.\n(2) The Commissioner of Police shall disclose or provide to the ICAC access to\ninterception equipment, data records and such documents and information as\nthe ICAC may require for the purpose of enabling it to carry out its functions\nunder these Regulations and, for the purposes of this regulation, data records\ndo not include the recordings of the conversations or a transcript thereof.\n19.\nConfidentiality\n19. Members of the ICAC shall sign a confidentiality agreement with the Governor,\nwhich shall prohibit the disclosure to unauthorised persons of information obtained\nduring the audit process.\n20.\nReport\n20. The ICAC shall, through the Chairperson, present a written report to the National\nSecurity Council no later than 30 days after an audit is complete.\nPublication in consolidated and revised form authorised by the Cabinet this 13th\nday of March, 2018.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:38:41.727259+00","cms_id":"2018-0032","law_type":"subordinate","year":"2018","number":"32","title":"Information and Communications Technology Authority (Interception of Telecommunications Messages) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5974","expr_id":"736","kind":"akn_xml","filename":"2018-0032_2018 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.akn.xml","content_md5":"f591f6353901c229b84fe04124467fac","byte_size":"19834","http_last_modified":null,"fetched_at":"2026-06-22 15:38:42.017429+00"},{"file_id":"1471","expr_id":"736","kind":"pristine_pdf","filename":"2018-0032_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.pdf","content_md5":"5a0944bb46759b40361bc1e91b36f173","byte_size":"504132","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.609598+00"},{"file_id":"1472","expr_id":"736","kind":"working_pdf","filename":"2018-0032_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2018\/2018-0032\/2018-0032_2018 Revision.pdf","content_md5":"5a0944bb46759b40361bc1e91b36f173","byte_size":"504132","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.609598+00"}],"paragraph_count":12,"latest_history":null},"quality":{"expr_id":"736","doc_id":"736","quality_state":"known_issue","quality_score":"51","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows abrupt truncation at end of Regulation 5; likely extraction issue requiring review of full text.","assessed_at":"2026-06-22 15:29:45.710425+00","updated_at":"2026-06-22 15:29:45.710425+00"}}