LAWS OF WESTERN Samoa

Computer Services (Security of Information) Act

1980, No. 13

Arrangement of Provisions

1. Short title
2. Interpretation
3. Secrecy
4. Security of information
5. Statutory declaration to be signed by officer or employee
6. Legal proceedings
7. Committees of Legislative Assembly
8. Commission of Inquiry
9. Protection of officers and employee
10. Offences
Schedule

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1980, No. 13

AN ACT to ensure the confidentiality of information stored in the computer system operated by Computer Services Limited.

[5 September 1980]

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:-

1. Short title - This Act may be cited as the Computer Services (Security of Information) Act 1980.

2. Interpretation - In this; Act, unless the context otherwise requires,-

"Commission of Inquiry" means a Commission of Inquiry appointed under the Commission, of Inquiry Act 1964:

"Committee of the Legislative Assembly" means a Standing, Select or other Committee of the Legislative Assembly authorised by the Standing Orders or by a resolution of the Assembly to send for persons, papers and records:

"Company" means Computer Services Limited, a company incorporated in Western Samoa under the provisions of the Companies Act 1955 (New Zealand) and having its registered office in Apia, Western Samoa:

"Computer printout" includes copies of information, produced or taken from the printout of the computer system:

"Computer system" means the computer system operated by the Company:

"Court" means the Supreme Court.

3. Secrecy - A person who is or has been an officer or an employee of the Company shall maintain secrecy in respect of all matters that come or have come to his knowledge in the course of the performance of his duties in the Company.

4. Security of information – "(1) Subject to sub-section (2) and sections 6, 7 and 8, no officer or employee o f the Company shall directly or indirectly communicate or reveal, to a person, any information which has been stored in the computer of provided to the Company for storage in: the computer.

(2) The Manager of the company or one or more persons authorised by him writing for the purposes of this subsection, may -

(a) On receipt of a consent in writing by a person or organisation including a government department responsible for the information being stored or processed in the computer system; and

(b) On being satisfied as to the authenticity of the consent in writing referred to in paragraph (a),

divulge the information specified in that consent to the person nominated in that consent."

5. Statutory declaration to be signed by officer or employee - (1) An officer or an employee of the Company shall subscribe his name to a statutory declaration in accordance with the form specified in the Schedule.

(2) A statutory declaration for the purposes of this section shall be made before a person authorised for that purpose under the Oath, Affidavits and Declaration Act 1963.

(3) A statutory declaration referred to in sub-section (1) shall be deemed to be a declaration for the purpose of the Oaths, Affidavits and Declaration Act 1963.

(4) A Statutory declaration that is made under this section shall be returned and recorded in such manner as the Manager of the Company directs.

6. Legal proceedings - (1) No officer or employee of the Company shall, in any legal proceedings to which the Company is not a party, produce, prove, give or make known information recorded in the computer system except by Order of the Court.

(2) A. party to any legal proceedings may apply to the Court for an Order requiring that an officer or employee of the Company produce, prove, give, or make known information stored in the computer system.

(3) The Court may grant the Order where it is satisfied that the information required is for the purpose of the legal proceedings specified in the application referred to in sub-section (2).

7. Committees of Legislative Assembly - Section 4 (1) shall not apply to an officer or employee of the company where he appears as a witness in accordance with Part II of the Legislative Assembly Powers and Privileges Ordinance 1960.

8. Commission of Inquiry - (1) Notwithstanding the provisions of section 6 of the Commissions of Inquiry Act 1964 no officer or employee of the Company shall produce information or appear, as a witness to produce prove give or make known information recorded in the computer system before a Commission of Inquiry except by Order of the Court.

(2) The Chairman of a Commission of Inquiry may apply to the Court for an Order requiring an officer or employee of the Company to produce prove give or make known information or appear before the Commission as a witness or both as the case may be.

(3) The Court may grant the Order where it is satisfied that the production of the information to the Commission or the attendance of an officer or employee before the Commission or both as the case may be is necessary and the information cannot be obtained from any other source.

9. Protection of officers and employees - No officer or employee of the Company shall be personally liable for any act or omission of an act done by him in good faith in the exercise or performance of his duties as an officer or employee of employee of the Company.

10. Offences - (1) A person specified in section 3 who fails to comply with that section shall be guilty of an offence and liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 2 years or to both.

(2) Any officer or employee of the Company who without authority directly or indirectly communicates or reveals or attempts to communicate or reveal to any person any information which has been stored in the computer or provided to the Company for storage in the Computer or any information about the clients of the Company which has become known to him in his capacity as an officer or employee of the Company shall be guilty of an offence and liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 2 years or to both.

(3) Any person who without an Order of the Court granted in accordance with this Act procures or attempts to produce any officer or employee of the Company to communicate or reveal any information which has become known to such officer or employee in his capacity as an officer or employee of the Company shall be guilty of an offence and liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 2 years or to both.

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SCHEDULE

Section 5

STATUTORY DECLARATION FOR OFFICER OR EMPLOYEE OF COMPUTER SERVICES LIMITED

I ………………………………… of ……………………., solemnly and sincerely declare that I will faithfully and honestly perform my duties as an officer/employee of Computer Services Limited, and that I will not, without due authority, disclose or make known during the period of my employment or at anytime, any matter or information which comes to my knowledge by reason of my employment with Computer Services Limited.

……………………………. Signature of officer employee
……………………………. of Computer Services Ltd.
............................................ Signature of (witness)

Dated this ………………… day of ………………. 19….

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