Electronic Crimes Bill Compels Telecom Companies to Hand Over Digital Evidence

Parliament Passes Electronic Crimes Bill Imposing New Duties on Telecom Providers

Telecommunications companies and other service providers operating in Antigua and Barbuda could face substantial fines if they fail to cooperate with criminal investigations under amendments to the Electronic Crimes Act approved by Parliament on Tuesday.

The Electronic Crimes (Amendment) Bill 2026 expands the authority of law enforcement agencies to obtain electronic data and computer records from service providers and introduces new penalties for companies that fail to comply with production orders issued during investigations.

Attorney General Sir Steadroy Benjamin told lawmakers the amendments were necessary because investigators have encountered difficulties obtaining information from telecommunications providers and other entities whose records can be critical to solving crimes.

Under the legislation, service providers may be required to produce electronic data, computer output and other digital information requested by police or other law enforcement agencies pursuant to a court order.

The bill also broadens the scope of information that may be obtained by expressly including data stored through cloud-based services, a change lawmakers said was necessary to keep pace with evolving technology.

During the committee stage, Parliament amended the bill to ensure references to law enforcement agencies encompass the Office of National Drug and Money Laundering Control Policy (ONDCP), giving the agency clear authority to seek information under the legislation.

One of the most significant changes for telecommunications companies is the introduction of enhanced penalties for non-compliance.

Parliament approved provisions allowing fines of up to $100,000 and imprisonment for persons who fail to comply with production orders. Lawmakers also added a new daily penalty of up to $5,000 for continued non-compliance after a provider has been given up to 21 days to produce the requested information.

Government MPs argued that the measures were needed because some service providers have resisted or delayed providing information needed by investigators.

Member for St. Peter Rawdon Turner said the legislation would provide police with another tool to combat increasingly sophisticated criminal activity, including scams that have targeted businesses and individuals.

Several lawmakers cited examples of fraudsters using telecommunications networks and digital platforms to carry out scams, arguing that timely access to records is often essential to identifying suspects and preventing further offences.

The legislation requires service providers to comply with lawful requests for information while maintaining confidentiality surrounding production orders when directed by the court.

Parliament ultimately approved the amendments with bipartisan support, with government and opposition members agreeing that stronger cooperation between service providers and law enforcement agencies is necessary to address modern forms of crime.

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