(5) Access of any kind by any person to any program or data held in a computer is unauthorised if—
- (a) he is not himself entitled to control access of the kind in question to the program or data; and
- (b) he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled.
(6) References to any program or data held in a computer include references to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium.
(7) A modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer—
- (a) any program or data held in the computer concerned is altered or erased; or
- (b) any program or data is added to its contents;
and any act which contributes towards causing such a modification shall be regarded as causing it.
(8) Such a modification is unauthorised if—
- (a) the person whose act causes it is not himself entitled to determine whether the modification should be made; and
- (b) he does not have consent to the modification from any person who is so entitled.
(9) References to the home country concerned shall be read in accordance with section 4(6) above.
(10) References to a program include references to part of a program.
Citation, commencement etc. 18.—(1) This Act may be cited as the Computer Misuse Act 1990.
(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
(3) An offence is not committed under this Act unless every act or other event proof of which is required for conviction of the offence takes place after this Act comes into force.
© Crown copyright 1990
Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament
1st Impression July 1990
7th Impression March 2004
945701 03/2004 19585
