Miscellaneous and general

17 Interpretation.

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) 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.

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

A modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer—

a

any program or data held in the computer concerned is altered or erased; or

b

any program or data is added to its contents;

and any act which contributes towards causing such a modification shall be regarded as causing it.

8

Such a modification is unauthorised if—

a

the person whose act causes it is not himself entitled to determine whether the modification should be made; and

b

he does not have consent to the modification from any person who is so entitled.

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.