Page:Computer Misuse Act 1993.pdf/5

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COMPUTER MISUSE

5



"function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer;

"intercept", in relation to a function of a computer, includes listening to or recording a function of a computer, or acquiring the substance, meaning or purport thereof;

"program or computer program" means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function.

(2) For the purposes of this Act, a person secures access to any program or data held in a computer if by causing a computer to perform any function he—

(a) alters or erases the program or data;
(b) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held;
(c) uses it; or
(d) causes it to be output from the computer in which it is held (whether by having it displayed or in any other manner),

and references to access to a program or data (and to an intent to secure such access) shall be read accordingly.

(3) For the purposes of subsection (2)(c), a person uses a program if the function he causes the computer to perform—

(a) causes the program to be executed; or
(b) is itself a function of the program.

(4) For the purposes of subsection (2)(d), the form in which any program or data is output (and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial.

(5) For the purposes of this Act, access of any kind by any person to any program or data held in a computer is unauthorised or done without authority if—