Computer Misuse Act 1990

17 Interpretation. E+W+S+N.I.

(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);

and references to access to a program or data (and to an intent to secure such access [F1 or to enable such access to be secured]F1 ) shall be read accordingly.

(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 [F2 but 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:

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.

Amendments (Textual)

F1 Words in s. 17(2) inserted (1.10.2007 for S. and otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(2) (with s. 38(1)); S.S.I. 2007/434, art. 2

F2 Words in s. 17(5)(b) inserted (3.2.1995) by 1994 c. 33, s. 162(2); S.I. 1995/127, art. 2(1), Sch. 1

F3 S. 17(7) repealed (1.10.2007 for S. and otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(3), Sch. 15 Pt. 4 (with s. 38(4)); S.S.I. 2007/434, art. 2

F4 S. 17(8) substituted (1.10.2007 for S. and otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 29(4) (with s. 38(4)); S.S.I. 2007/434, art. 2