Thursday, May 11, 2017

FRUITS OF WARRANTLESS SURVEILLANCE IN THE CAYMAN ISLANDS NOW ADMISSIBLE IN COURT



A word to the wise; there is no longer any true electronic communications privacy in the Cayman Islands. A local media quest, to obtain information about the now-admissible warrantless electronic searches, of telephone, email, and text messages, has highlighted this dark practice.

 Cayman law enforcement agencies may conduct electronic searches, without a warrant, but with the approval of the governor, and the law has been changed to render such evidence admissible. We wonder what effect this news will have on attorneys who journey to Grand Cayman, to form secure, and anonymous, corporate entities for clients. All their direct communications with clients, made during their time in the Caymans, may not be as private as they wish them to be, and what about their calls to financial institutions abroad ?

Add this new uncertainty to the internal requirement, issued by the Chief Justice, restricting the ability to photocopy court filings, and we are seeing the emergence of a less user-friendly offshore financial center. Is all this a reaction to Panama Papers scandal, I wonder ?

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