BRIDGETOWN, Barbados, CMC – Attorney General Dale Marshall says a cybercrime statute to replace the 2005 Computer Misuse Act is expected to go to Parliament within two months.
“In my view, we cannot look to develop the digital economy across the region in any serious way without considering the issue of how we deal with the negative aspects, and, in that regard, I am referring to cybercrime,” Marshall told delegates attending a regional workshop on Effective Legal Frameworks for Building the Digital Economy.
“Barbados has enlisted its Law Reform Commission, chaired by Sir David Simmons, to produce for us a cybercrime statute which will replace our 2005 Computer Misuse Act,” Marshall said, adding that the draft statute is now in the hands of his ministerial colleague, “and I expect we will have it in Parliament within the next two months.”
Marshall said that the new statute, when passed, would provide specifically for the combatting of cybercrime in all of its iterations, from illegal access to computer systems; to computer-related fraud; to child pornography and child grooming; to cyberbullying.
Noting that some people believed that the Caribbean needed to catch up in Fintech, he suggested that countries should not recoil and run from emerging systems because of the current situation with FTX, which formerly operated a cryptocurrency exchange.
Marshall said he was pleased to see the level of interest by traditional and new players in the local market, offering innovative solutions that enabled the movement of money through mobile phones.
“Barbados will ensure that there is the requisite regulatory environment through its institutions such as the Financial Services Commission, the Central Bank, and the Fair Trading Commission, in particular, to nurture this fast-growing financial services area,” Marshall said.
He said that the pace of technological innovation would always outstrip policymakers’ ability to make and enact legislation to either fulfill policy mandates or address the societal challenges that technology would bring to the forefront.
“Areas such as cyber security, cybercrime, artificial intelligence, Fintech, and others can be highly technical, requiring specialized knowledge of the terminology and the potential impact on our respective national economies and societies….
“Legislation that will stand the test of time always has to be technologically neutral and should not be overly prescriptive. It should provide a framework for managing and resolving conflicts, protecting individuals’ rights and freedoms, promoting society’s general welfare, and achieving public policy objectives,” Marshall said.
He said the government had made a concerted effort to prioritize digital transformation by creating the Ministry of Industry, Innovation, Science and Technology. Marshall said this was supported by significant investments in developing digital platforms for public service delivery.
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