of P10,000 but not exceeding P40,000, or to imprisonment for a minimum term of
six months but not exceeding two years, or to both.
[Ch0806s9]9. Unlawful interception of data
A
person who intentionally and by technical means, without lawful excuse or
justification, intercepts(a) any non-public transmission to, from or within
a computer or computer system; or
(b) electromagnetic emissions that are carrying
data, from a computer or computer system,
commits an offence and shall on conviction be sentenced to a minimum fine
of P10,000 but not exceeding P40,000, or to imprisonment for a minimum term of
six months but not exceeding two years, or to both.
[Ch0806s10]10. Unlawful possession of devices or data
(1) A
person who intentionally, without lawful excuse or justification, manufactures,
sells, procures for use, imports, exports, distributes or otherwise makes
available, a computer or computer system or any other device, designed or
adapted for the purpose of committing an offence under this Act, commits an
offence and shall on conviction be liable to a fine not exceeding P20,000 or to
imprisonment for a term not exceeding one year, or to both.
(2) A
person who intentionally, without lawful excuse or justification, receives, or
is in possession of, one or more of the devices under subsection (1), commits
an offence and shall on conviction be liable to a fine not exceeding P20,000 or
to imprisonment for a term not exceeding one year, or to both.
(3) A
person who is found in possession of any data or programme with the intention
that the data or programme be used, by the person himself or herself or by
another person, to commit or facilitate the commission of an offence under this
Act, commits an offence and shall on conviction be liable to a fine not
exceeding P20,000 or to imprisonment for a term not exceeding one year, or to
both.
(4)
For the purposes of subsection (3), "possession of any data or
programme" includes(a) having possession of a computer or computer
system or data storage device that holds or contains the data or programme;
(b) having possession of a document in which
the data or programme is recorded; and
(c) having control of the data or programme
that is in the possession of another person.
[Ch0806s11]11. Unauthorised disclosure of password
A
person who intentionally, without lawful excuse or justification, discloses,
sells, procures for use, distributes or otherwise makes available, any
password, access code or other means of gaining access to the whole or part of
a computer or computer system(a) for wrongful gain;