Definition of Data

data includes information in any form

Main Focus of Document

Makes provision for the misuse of computer data

Target Beneficiaries or Sector

government, citizens, businesses

Key Elements

The Bill makes provision for the illegality of unauthorised use of computer data and also provides for data to not be modified unless permitted accordingly. Key details include:

6. Unauthorised access to or modification of computer data 
(1) A person commits an offence if the person: (a) causes unauthorised access to or modification of computer data; (b) knows the access or modification is unauthorised; and (c) intends to cause the access or modification.
(2) An offence against subsection (1) is punishable, on conviction: (a) in the case of an individual, to a fine not exceeding $10,000, or imprisonment not exceeding 3 years, or both; or (b) in the case of a corporation, to a fine not exceeding $50,000. 

10. Unauthorised impairment of data held in a data storage medium
(1) A person commits an offence if the person: (a) causes unauthorised impairment of the reliability, security or operation of data held in a data storage medium; (b) knows the impairment is unauthorised; and (c) intends to cause the impairment. 
(2) An offence against subsection (1) is punishable, on conviction: (a) in the case of an individual, to a fine not exceeding $50,000, or imprisonment not exceeding 7 years, or both; or (b) in the case of a corporation, to a fine not exceeding $100,000. 

14. Unauthorised interference with a computer system 
(1) A person commits an offence if: (a) the person causes interference with: (i) the functioning of a computer system; or (ii) a person using or operating a computer system; and (b) the interference is unauthorised; and (c) the person either: (i) knows the interference is unauthorised; or (ii) is reckless about whether the interference is unauthorised. 
(2) An offence against subsection (1) is punishable, on conviction: (a) in the case of an individual, to a fine not exceeding $100,000, or imprisonment not exceeding 10 years, or both; or (b) in the case of a corporation, to a fine not exceeding $200,000.  
(3) For the purposes of this section, interference with the functioning of a computer system, or a person using or operating a computer system, by a person is “unauthorised” if the person is not entitled to interfere with the functioning of the computer system, or a person using or operating the computer system. 

41. Subscriber data to be used for lawful purposes only
(1) Subscriber data disclosed under section 40 may only be used: (a) for the purpose for which it was originally obtained; (b) for law enforcement purposes; (c) to enforce the criminal law; (d) to enforce a law imposing a pecuniary penalty; (e) to protect the public revenue; or (f) for national security purposes. 
(2) If the authorised officer requesting the disclosure is satisfied that data obtained under section 40 is no longer useful for a purpose mentioned in subsection (1), the authorised officer shall arrange for the destruction of the data and any reproduction of the data in the control of the Tonga Police. 

Policy/Regulation Mirrors

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