- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Computer Misuse Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)The following provisions of this section apply for the interpretation of this Act.
(2)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)has it output from the computer in which it is held (whether by having it displayed or in any other manner);
(3)For the purposes of subsection (2)(c) above 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) above—
(a)a program is output if the instructions of which it consists are output; and
(b)the form in which any such instructions or any other data is output (and in particular whether or not it represents a form in which, in the case of instructions, they are capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial.
(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 [F2but this subsection is subject to section 10.]
(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)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(8)An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)—
(a)is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and
(b)does not have consent to the act from any such person.
In this subsection “act” includes a series of acts.]
F4(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.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: