Premier being ‘hoodwinked’ with Cybercrime bill — Walwyn

Sixth District Representative Myron Walwyn has raised serious concerns regarding the proposed amendments to the Computer Misuse and Cyber Crime (Amendment) Bill, 2025, describing aspects of the bill as “unlawful” and highlighting risks to constitutional rights. 

Premier Dr Natalio Wheatley said numerous gaps in the current Act severely limit law enforcement’s investigatory powers, which has also undermined matters before the Court. 

He also referenced the Mutual Evaluation Report (MER), which requires urgent revision to the current legislation.

“Immediate outcome seven of the MER reveals that amendments to the Computer Misuse and Cyber Crime Act are vital to the enhancement of our current investigative and prosecutorial tools,” Dr Wheatley said.

No public consultation

However, Walwyn criticised the government’s haste in advancing the legislation, condemning the government’s “1,2,3 approach” to passing bills that have significant implications on the fundamental rights and freedoms of the people of the BVI without public input. “What we are doing in this House is wrong, “Walwyn stated. “The Premier should not be doing this without public consultation. “

He emphasised the need for clarity and fairness in lawmaking, pointing out flaws in the proposed bill. “Offences, particularly of a criminal nature, must be precisely defined by statute,” he stated. He warned against using common law references in the bill, noting, “You are offending the principle of certainty in law, and there must be certainty in law.”

Citing a High Court judgement, Walwyn argued that the proposed amendments are being used to circumvent judicial limitations previously identified in the Cybercrime Act. “This Act is not about cybercrime or mutual evaluation. It is to correct the errors in this case. It has nothing to do with mutual evaluation,” Walwyn argued. He also accused the government of failing to understand the implications of the amendments, stating, “The Premier got up reading that foolishness without even checking to see that he’s being hoodwinked.”

Police can collect your personal passwords

A key issue Walwyn highlighted was the provision granting police the authority to compel individuals to provide passwords or electronic keys for their devices. He argued this contravenes constitutional rights, specifically the right to remain silent and freedom from self-incrimination. “A person cannot be compelled to produce evidence which may have the potential to incriminate him,” he said, referencing legal precedents.

Walwyn also expressed concerns about the potential for police overreach, stating that allowing authorities to seize and search personal devices without clear justification opens the door to abuse. “You are playing with the fundamental rights of our people,” he warned, adding that such practices would erode public trust in law enforcement.

The legislator urged his colleagues to prioritise public interest and constitutional integrity. “We must ensure the law is fair,” Walwyn stated. He also called for improved police training, advocating for “professional development” over what he described as “bending the law.”

“We are rushing bills through the house that have legal implications that will get struck down when it goes to court because you are not paying attention,” he added.