ALL telecommunications service providers in Fiji will be required to provide the identity, postal or geographic address, telephone number, billing and payment information of a customer if ordered by the courts.
This, according to the draft Cybercrime Bill 2020.
Under the proposed legislation, law enforcement officers will need to obtain a court order if they believe information is available with the service provider in relation to a crime they are investigating.
A judge will be required to consider that the investigations against the person is stuck or “seriously prejudiced” before issuing the order.
“The judge may order such a service provider offering its services in Fiji to submit subscriber information relating to such services in that service provider’s possession or control,” the draft Bill states.
According to the proposed document, “subscriber information” meant any information contained in the form of computer data or any other form that was held by a service provider.
With the court order, police officers will be able to uplift the type of communication service used and the period of service, the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement.
The judge can also require that the service provider not inform the customer they are providing his or her information to the police.
Any person who contravened an order granted under the proposed legislation could face a fine not exceeding $10,000 or imprisonment of seven years and a company could be fined $50,000.
The proposed Cybercrime Bill 2020 is aimed at fighting computer related forgery, computer related fraud and child pornography Government said adopting the new legislation would align Fiji with the International Convention on Cybercrime.
