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Computer Misuse Act 1990

Summary of computer misuse offences

 

The provisions of this Act are broad and are aimed at combating various forms of deliberate misuse of computer systems (including so-called hacking). Penalties include fines and custodial sentences for unauthorised access.

The Act contains three main offences which are categorised under the following Sections:

 

Section 1

  1. A person is guilty of an offence if

    1. s/he causes a computer to perform any function with intent to secure access to any program or data held in a computer,

    2. the access he/she intends to secure is unauthorised, or

    3. s/he knows at the time when s/he causes the computer to perform the function that this is the case.

  2. The intent a person has to commit an offence under this section need not be directed at

    1. any particular program or data,

    2. a program or data of any particular kind, or

    3. a program or data held in any particular computer.

  3. A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both.

 

Section 2

  1. A person is guilty of an offence under this section if s/he commits an offence under section 1 above ("the unauthorised access offence") with intent

    1. to commit an offence to which this section applies, or

    2. to facilitate the commission of such an offence (whether by her/himself or by any other person)

    and the offence s/he intends to commit or facilitate is referred to below in this section as the further offence.

  2. This section applies to offences

    1. for which the sentence is fixed by law, or

    2. for which a person of twenty one years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or in England and Wales might be so sentenced but for the restrictions imposed by section 33 of the Magistrates Courts Act 1980).

    ...

  3. A person guilty of an offence under this section shall be liable

    1. on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both and

    2. on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or both.

Section 3

  1. A person is guilty of an offence if

    1. s/he does any act which causes the unauthorised modification of the contents of any computer, and

    2. at the time when s/he does the act s/he has the requisite intent and the requisite knowledge.

  2. For the purposes of subsection 3(A)b above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing

    1. to impair the operation of any computer

    2. to prevent or hinder access to any program or data held in any computer, or

    3. to impair the operation of any such program or the reliability of any such data.

  3. The intent need not be directed at

    1. any particular computer

    2. any particular program or data or a program or data of any particular kind, or

    3. any particular modification or a modification of any particular kind.

  4. For the purpose of subsection 1b above, the requisite knowledge is knowledge that any modification s/he intends to cause is unauthorised.

  5. It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind mentioned in subsection (B) above is, or is intended to be, permanent or merely temporary.