Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

7.

(1) Any person who unlawfully and intentionally—

(a) acquires;

(b) possesses;

(c) provides to another person; or

(d) uses, a password, an access code or similar data or device for purposes of contravening the provisions of section 2(1) or (2), 3(1), 5(1), 6(1), 8 or 9(1), is guilty of an offence.

(2) Any person who is found in possession of a password, an access code or similar data or device in regard to which there is a reasonable suspicion that such password, access code or similar data or device—

(a) was acquired;

(b) is possessed;

(c) is to be provided to another person; or

(d) was used or may be used, for purposes of contravening the provisions of section 2(1) or (2), 3(1), 5(1), 6(1), 8 or 9(1), and who is unable to give a satisfactory exculpatory account of such possession, is guilty of an offence.

(3) For purposes of this section ‘‘password, access code or similar data or device’’ includes—

(a) a secret code or pin;

(b) an image;

(c) a security token;

(d) an access card;

(e) any device;

(f) biometric data; or

(g) a word or a string of characters or numbers, used for financial transactions or user-authentication in order to access or use data, a computer program, a computer data storage medium or a computer system