Definition of Data

Data means 'information recorded and in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose, and includes representations of facts, information and concepts held in any removable storage medium.'

Main Focus of Document

Provides for computer misuse and cybercrimes to be a statutory offence.

Target Beneficiaries or Sector

citizens, businesses, government

Key Elements

The Act provides for computer misuse and cybercrimes as statutory offences. It stipulates criminal sanctions for the misuse of computer systems or data and abuse of electronic means of completing transactions. It also provides for the investigation and prosecution of cybercrimes. In this context, the Act defines data as 'information recorded and in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose, and includes representations of facts, information and concepts held in any removable storage medium.'

A number of criminal offences are specified in relation to: (i) unauthorised access to computer data, (ii) access with intent to commit offences, (iii) unauthorised access to and interception of computer service, (iv) unauthorised modification of computer material/data held in any computer system, (v) damaging or denying access to computer system, (vi) unauthorised disclosure of password, (vii) unlawful possession of devices and data, and (viii) electronic fraud. Maximum penalties, including prison sentences and fines, are specified for each offence. The Act also provides procedures for investigations into cybercrime. It specifies the conditions and circumstances under which preservation orders, production orders, powers of access, search and seizure for the purposes of investigation, or deletion orders may be granted and disclosure of preserved data or real time collection of traffic data may be allowed.

Policy/Regulation Mirrors

Computer Misuse and Cyber Crimes Act