Understanding computer misuse

Access connected with another offence

A separate provision addresses unauthorised access with the intention of committing an offence under this Act or another law. Its explanations address access to a computer and access to programs or data. When reading an allegation, distinguish the access alleged from the additional offence said to have been intended.

Computer Crime Act s 4

Changes, damage and disruption

The Act also addresses intentionally causing a computer to perform a function without lawful authority while knowing, or having reason to believe, that it will result in unauthorised modification, damage or potential damage. The illustrations include impairing operation or reliability, deleting or corrupting information, and introducing a program that makes a computer malfunction or falsifies data. The stated consequences may be temporary or permanent.

Computer Crime Act s 5

Passwords and devices

Another provision concerns making devices, programs, passwords or access codes available without lawful authority with the intention that they be used to commit an offence under the Act. The intention requirement is part of the provision. It should not be read as saying that every transfer of a password or every security tool is automatically criminal.

Computer Crime Act s 9

Investigations have their own rules

The investigation provision gives police powers of arrest, search and seizure in the manner provided by law, and sets conditions for access to a computer for an investigation. The Act requires written certification of the officer’s relevant knowledge and skill for that access. Read those investigation safeguards separately from the definitions of offences. For a particular incident, record the relevant access, authorisation, changes and communications for discussion with a qualified adviser.

Computer Crime Act s 21

Data already taken from a computer

The Act separately addresses dealing with information known, or reasonably believed, to have been obtained by another person from a computer or its storage medium without lawful authority. The listed acts include receiving, retaining, selling, copying and acquiring the substance or meaning of that information. This provision concerns handling information after its acquisition; it is distinct from the initial access offence. When preparing a factual account, distinguish how the information was obtained from how it was later used or shared.

Computer Crime Act s 7

Authority to use is not authority to disclose

A separate provision concerns someone entrusted with information enabling access to a computer-based service. Disclosure without express authority, or in breach of an express or implied contract, is addressed by that provision. Read it separately from the offence concerning devices and passwords intended for criminal use. For a useful record, identify the service, who supplied the access information, the permission given and any relevant agreement. Preserve the original messages for discussion with an adviser; this guide does not decide whether a disputed disclosure meets the statutory elements.

Computer Crime Act s 10

Scope of this guide

This guide explains the cited as-enacted publication. Check later amendments, commencement orders and current procedures before relying on it for a particular situation. It does not determine your eligibility, liability or the outcome of a case.