Unlawful access

Unlawful access

2.

(1) Any person who unlawfully and intentionally performs an act in respect of—

(a) a computer system; or
(b) a computer data storage medium,

which places the person who performed the act or any other person in a position to commit an offence contemplated in subsection (2), section 3(1), 5(1) or 6(1), is guilty of an offence.
(2)

(a) Any person who unlawfully and intentionally accesses a computer system or a computer data storage medium, is guilty of an offence

(b) For purposes of paragraph (a)—

(i) a person accesses a computer data storage medium, if the person—

(aa) uses data or a computer program stored on a computer data storage medium; or
(bb) stores data or a computer program on a computer data storage medium; and

(ii) a person accesses a computer system, if the person—

(aa) uses data or a computer program held in a computer system;
(bb) stores data or a computer program on a computer data storage medium forming part of the computer system; or
(cc) instructs, communicates with, or otherwise uses, the computer system.

(c) For purposes of paragraph (b)—

(i) a person uses a computer program, if the person—

(aa) copies or moves the computer program to a different location in the computer system or computer data storage medium in which it is
held or to any other computer data storage medium;
(bb) causes a computer program to perform any function; or
(cc) obtains the output of a computer program; and

(ii) a person uses data, if the person—

(aa) copies or moves the data to a different location in the computer system or computer data storage medium in which it is held or to any other computer data storage medium; or
(bb) obtains the output of data