Definition of Data

Data 'includes representations of facts , information and concepts that are being prepared or have been prepared in a form suitable for use in an electronic system including electronic program, text, images, sound, video and information within a database or electronic system.

Main Focus of Document

Provides for the prevention and punishment of electronic crimes

Target Beneficiaries or Sector

General public

Key Elements

Various offences are provided for and some of the relevant ones include identity theft, electronic defamation, electronic fraud, electronic terrorism and electronic forgery.

Key sections include:
Unauthorised access and interference 5. (1) A person shall not knowingly or without lawful excuse or justification, or without permission of the owner or any other person who is in charge of an electronic system or network–
(a) gain access or secure to such electronic system or network; 
(b) download, copy or extract data, electronic database or information from such electronic system or network including information or data held or stored in a removable storage medium; 
(c) introduce or cause to be introduced a contaminant or malicious code into an electronic system or network; 
(d) damage or cause to be damaged an electronic system or network, data, electronic database or other program residing in such electronic system or network; 
(e) disrupt or causes the disruption of an electronic system or network; 
(f) deny or cause the denial of access to a person authorised to obtain access to an electronic system or network by any means; 
(g) provide assistance to a person to facilitate access to an electronic system or network in contravention of the provisions of this Act; 
(h)charge the services availed of by a person to the account of another person by tampering with or manipulating an electronic system or network; 
(i) willfully destroy, delete or alter data information residing in an electronic system or diminishes its value or utility of affects it injuriously by  any means; or 
(j) steal, conceal, destroy or alter or cause a person to steal, conceal, destroy or  alter any source code used for an electronic system with an intention of causing damage.

Identity theft 7.(1) A person shall not knowingly or without lawful excuse or justification make fraudulent or dishonest use of an electronic signature, password or other unique identifying feature of another person.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars or to a term of imprisonment not exceeding three years or to both. 

Electronic forgery 8. (1) A person shall not knowingly or without lawful excuse or justification, interfere with data or an electronic system so that he, she, or another person uses the data or the electronic system to induce a person to accept it as genuine and by reason of so accepting it to do or not to do any act to his or her own or any other person’s prejudice or injury.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding three years or to both. Electronic fraud 9. (1) A person shall not knowingly or without lawful excuse or justification gain, interfere with data or an electronic system – 
(a) to induce another person to enter into a relationship; 
(b) with intent to deceive another person; or
(c) with intent to defraud a person, 
where such an act is likely to cause damage or harm to that person or any other person.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding three years or to both. 

Policy/Regulation Mirrors

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