Computer Misuse Act 1990

From: My Lawyers, To: Rob Dyke, on the 11/Mar at 16:04

Computer Misuse Act 1990

The amended CMA 1990 legislation creates three specific offences:

  • Causing a computer to perform any function with intent to secure access to any program or data held in any computer the person is not authorised to access (Section 1, CMA 1990).
  • Committing a section 1 offence with the intention of committing further offences (Section 2, CMA 1990).
  • Doing any unauthorised act in relation to a computer that a person knows to be unauthorised, with intent to or being reckless as to whether his act will: impair the operation of any computer; prevent or hinder access to any program or data held in any computer; impair the operation of any program or the reliability of any data; or enable any of the things above to be done. (Section 3, CMA 1990.)

In order for an offence to be committed, the following is also required to be proved:

  • There must be knowledge that the intended access was unauthorised; and
  • There must have been an intention to secure access to any program or data held in a computer.

I would flag that taking unauthorised control of a computer and accessing a system, even out of curiosity, may therefore offend section 1 of the Act.