Definition of Data

Data means 'any representation of facts, information or concepts in a form suitable for processing in a computer system; any information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose; or any programme suitable to cause a computer or a computer system to perform a function and includes traffic data and subscriber information'.

Main Focus of Document

Provides for securing computer material against unauthorised access or modification

Target Beneficiaries or Sector

Victims of computer related crimes

Key Elements

Prohibits the unauthorised use of computer systems and the unauthorised access to persons' penal information and data. Key elements include:

14. A person who performs or threatens to perform any of the acts described under this Part, for the purposes of obtaining any unlawful advantage by: 
a.     Undertaking to cease or desist from such actions; or
b.     Undertaking to restore any damage caused as a result of those actions,
Commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding 10 years, or to both.

Part III - Procedural Power
24. A police officer or any person authorised by the Commissioner or by the Director-General, in writing, may, upon confirmation by the court and as soon as reasonably practicable to do so, order for the preservation of data that has been stored or processed by means of a computer or computer system or any other information and communication technology, where there are reasonable grounds to believe that such data is vulnerable to loss or modification. 

Policy/Regulation Mirrors

Computer Misuse Act