Definition of Data

Data means 'representations of information or concepts in a form suitable for use in a computer'.

Main Focus of Document

Provides for securing computer material against unauthorised access or modification.

Target Beneficiaries or Sector

Victims of computer related crimes

Key Elements

Ensures that the misuse of computer and specifically the unauthorised securing of data to be an offence and provides for penalties accordingly. Key elements include:

3. (1) Subject to subsection (2), any person who, without authority, knowingly causes a computer to perform any function for the purpose of securing access to any program or data held in any computer shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and, in the case of a second or subsequent conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 
(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. 
(3) For the purposes of this section, it is immaterial that the act in question is not directed at — 
(a) any particular program or data; 
(b) a program or data of any kind; or 
(c) a program or data held in any particular computer. Unauthorised access to computer material. 

4. (1) Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offence (whether by himself or by any other person) to which this section applies shall be guilty of an offence. 
(2) This section shall apply to an offence involving property, fraud, dishonesty or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than two years. 
(3) Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. 
(4) A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible. 
(5) For the purposes of this section, it is immaterial whether —
(a) the access referred to in subsection (1) is authorised or unauthorised; 
(b) the offence to which this section applies is committed at the same time when the access is secured or at any other time. 

5. (1) Subject to subsection (2), any person who does any act which he knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment and, in the case of a second or subsequent conviction, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. 
(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. 
(3) For the purposes of this section, it is immaterial that the act in question is not directed at — Access with intent to commit or facilitate commission of offence. Unauthorised modification of computer material. 
 (a) any particular program or data; 
(b) a program or data of any kind; or 
(c) a program or data held in any particular computer. 
(4) For the purposes of this section, it is immaterial whether an unauthorised modification is, or is intended to be, permanent or merely temporary.
 
6. (1) Subject to subsection (2), any person who knowingly —
 (a) secures access without authority to any computer for the purpose of obtaining, directly or indirectly, any computer service; 
(b) intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electro-magnetic, acoustic, mechanical or other device; or 
(c) uses or causes to be used, directly or indirectly, the computer or any other device for the purpose of committing an offence under paragraph (a) or (b), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment and, in the case of a second or subsequent conviction, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. 
(3) For the purposes of this section, it is immaterial that the unauthorised access or interception is not directed at — 
(a) any particular program or data; 
(b) a program or data of any kind; or 
(c) a program or data held in any particular computer. 

7. (1) Any person who, knowingly and without authority or lawful excuse — Unauthorised use or interception of computer service. Unauthorised obstruction of use of computer. 
(a) interferes with, or interrupts or obstructs the lawful use of, a computer; or 
(b) impedes or prevents access to, or impairs the usefulness or effectiveness of, any program or data stored in a computer, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment and, in the case of a second or subsequent conviction, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. 
(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

10. (1) Any person who incites, solicits or abets the commission of or who attempts to commit or does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall be liable on summary conviction to the punishment provided for the full offence. 
(2) For an offence to be committed under this section, it is immaterial where the full offence in question took place.

Policy/Regulation Mirrors

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