Part ID: II

Offences (ss 4-19)

CHAPTER: 08:06

[Ch0806s4]4. Unauthorised access to a computer or computer
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
(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
(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

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