(a) from all the facts known to the person who performs the act in question, it is
reasonable to conclude that the system is not intended to be used by a member
of the public or if the person belongs to a specific class of persons the system
is not intended to be used by that class of persons; or
(b) the person has actual knowledge or should reasonably have known that he or
she or that all members of a class to which that person belongs is not allowed
to have access to that system.
(3)Access to a computer system or information system is not deemed to be unauthorised, if a system or a function of the system is accessible to the public in general, but
the person who accesses the system or function did not comply with all the terms of use of
the system or function: Provided that this subsection is not construed to grant any right to
access the system in question.
(4) For the purposes of this Chapter it is also deemed that a person accesses a system
without authorisation if he or she accesses a function of the system or data on the system
which he or she is not authorised to access, although he or she might have authorisation to
access other functions or data stored on the system concerned.
(5) For the purposes of this Chapter (in addition to any rule of law relating to the
possession of anything)it is deemed that a person possesses data or a program, if that person –
(a) possesses a computer system or a computer storage medium on which such
data or program is stored;
(b) that person has stored that data or program on an information system for the
purposes of later retrieval;
(c) that program or data is stored in an information system by a third party as
part of a service to store the data of the person in question.
Unauthorised access
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