Computer Misuse and
Crimes
[No. 13 of 2004
81
PARTII
OFFENCES
4. (1) A person who knowingly and without authority causes a
computer to perform any function for the purpose of securing access
to any program or data held in that computer or in any other computer
commits an offence and is liable on conviction for a first offence to a
fine not exceeding fifty thousand penalty units or to imprisonment for
a term not exceeding two years or to both and, in the case of a
subsequent offence, to a fine not exceeding sixty thousand penalty
units or to imprisonment for a term not exceeding five years or to
both.
(2) For the purposes of this section and this Act, access of any kind
by any person to any program or data held in a computer is unauthorised
or done without authority if the person—
(a) is not entitled to control access of the kind in question to the
program or data; and
(b) does not have consent to access the kind of program or data
in question from the person who is entitled to control access.
(3) For the purpose of this section, a person secures or gains access
to any program or data held in a computer if by causing the computer
to perform any function the person—
(a) alters or erases the program or data;
(b) copies or moves it to any storage medium other than that in
which it is held or to a different location in the storage
medium in which it is held;
(c) uses it; or
(d) causes it to be output from the computer in which it is held,
whether by having it displayed or in any other manner,
and references to access to a program or data and to an
intent to secure such access shall be construed accordingly.
(4) For the purpose of paragraph (c) of subsection (3), a person
uses a program if the function the person causes the computer to
perform—
(a) causes the program to be executed; or
(b) is itself a function of the program.
Unauthorised
access to
computer
program or
data