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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : NA Declarations and reservations : N/A See legal profile

Cybercrime policies/strategies

In 2009, the Gambia adopted the Information and Communications Act (ICA). The legislation covers a number of distinct topics, but parts of it specifically address cybercrime. While the substantive offences under the ICA are broadly in line with the Budapest Convention, the investigatory powers available to law enforcement under the Criminal Procedure Code, the obligations of service providers and the mechanisms for international cooperation require significant improvement. It is hoped that upon successful review of the ICA, and the enactment of the Cybercrime Bill (supported by COE), the Cybercrime component will be removed from the ICA, thereby making it standalone.

The Gambia has opened for public consultation until March 2020 the National Cybersecurity Policy, Strategy and Action Plans (2020-2024) together with the National Broadband Policy and Strategy. The ICT4D Master Plan is also being formulated under the same consultancy, which is expected to take the same approach.

In May 2019, a Draft Data Protection and Privacy Policy Strategy 2019 was issued by the Public Utilities Regulation Authority (PURA). MOICI is also currently working on finalizing the data protection bill, expected to be tabled with the National Assembly in March 2022.

Specialised institutions

The Ministry of Information and Communications Infrastructure (MOICI) is in charge of the development and implementation of the laws, regulations and strategy for the ICT sector. Some of these responsibilities, such as regulatory functions/oversight will be shifted to the ICT Agency, which is currently established by law but yet to be operational.

The telecommunication sector, a key component of Gambia’s critical national infrastructure, is largely regulated by the Public Utilities Regulatory Authority (‘PURA’).

Attorney General’s Chambers and Ministry of Justice, through the Criminal Prosecution Department is responsible for commencing, taking over, and continuing or discontinuing criminal proceedings against or in respect of any offender in the Gambia subject to the direction and control of the Attorney General as per section 85 (4) of the Constitution.

Judiciary of The Republic of The Gambia holds the overall mandate for adjudication of disputes through the due process of law, administration of courts, registries, processes, directives & procedures and enforcement of decisions, orders, rulings and judgments.

Jurisprudence/case law

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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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