son or other authority; and
(b) appoint experts and other consultants on
such conditions as it may determine.
PART III - COMPUTER MISUSE AND CYBER CRIME
Unauthorized
access to
computer data
163. (1) Subject to subsections (2) and (3), a
person who causes a computer system to perform
a function, knowing that the access he or she
intends to secure is unauthorized, commits an
offence and is liable on conviction to a fine of two
hundred thousand dalasis or imprisonment for a
term not exceeding five years, or to both the fine
and imprisonment.
(2) A person shall not be liable under subsection
(1) where he or she
(a) is a person with a right to control the
operation or use of the computer system
and exercises such right in good faith;
(b) has the express or implied consent of the
person, empowered to authorise him or her,
to have such an access;
(c) has reasonable grounds to believe that he
or she had the consent as specified in
paragraph (b);
(d) is acting pursuant to measures that can be
taken under this Act; or
(e) is acting in reliance of any statutory power
arising under any enactment for the
purpose of obtaining information, or of
taking possession of, any document or
other property.
(3) An access by a person to a computer system is
unauthorized where the person
(a) is not himself or herself entitled to control
163