VOLUME: II
CYBERCRIME AND COMPUTER RELATED CRIMES
Part ID: II
Offences (ss 4-19)
CHAPTER: 08:06
[Ch0806s4]4. Unauthorised access to a computer or computer
system
(1)
Subject to subsections (2) and (3), any person who(a) accesses the whole or any part of a
computer or computer system, knowing that the access he or she intends to
secure is unauthorised; or
(b) causes a computer or computer system to perform
any function as a result of unauthorised access to such system,
commits an offence and shall on conviction be liable to a fine not
exceeding P10,000 or to imprisonment for a term not exceeding six months, or to
both.
(2) A
person shall not be liable under subsection (1) where the person(a) is a person with a right to control the
operation or use of the computer or computer system and exercises such right in
good faith;
(b) has the express or implied consent of a person
empowered to authorise him or her to have access to the computer or computer
system;
(c) has reasonable grounds to believe that he
or she had such consent as specified in subparagraph (b);
(d) is acting pursuant to measures that may be
taken under Part III of this Act; or
(e) is acting in reliance of any statutory
power arising under any enactment or a power conferred under any Act, for the
purpose of(i) obtaining information, or
(ii) taking possession of any document or
other property.
(3) A
person’s access to a computer or computer system is unauthorised where the
person(a) is not himself or herself entitled to
access of the kind in question;
(b) does not have consent, from any person who
is so entitled, to access of the kind in question; or