Criminal Law Code as at 1st March 2007 “data” means representations of information or concepts that are being prepared or have been prepared for storage or use in a computer; “essential service” and “law enforcement agency” have the meanings given to those terms by section nineteen; “function” includes an operation or exercise of logic, control, arithmetic, deletion, storage, retrieval and communication within, to or from a system; “owner”, in relation to a computer or computer network, means the owner or person entitled to possess or control the computer or computer network; “password or pin number” means any combination of letters, numbers or symbols that belongs or is assigned to a particular user for the purpose of enabling that user to gain access to a programme or system which is held in a computer or computer network; “programme” means data or a set of instructions which, when executed in a computer, causes the computer to perform a function; “system” means an arrangement of data or one or more programmes which, when executed, performs a function. (2) For the purposes of this Chapter the Minister may, by notice in a statutory instrument⎯ (a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of “computer” in subsection (1); or (b) exclude from the definition of “computer” in subsection (1) any specified device or apparatus. 163 Unauthorised access to or use of computer or computer network (1) Any person who, without authority from the owner of the computer or computer network, intentionally— (a) gains access to; or (b) destroys or alters; or (c) renders meaningless, useless or ineffective; or (d) copies or transfers; or (e) obstructs, intercepts, diverts, interrupts or interferes with the use of; any data, programme or system which is held in a computer or computer network shall be guilty of unauthorised access to or use of a computer or computer network and liable— (i) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both; or (ii) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both. (2) It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the crime, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network. - 93 -