Section 308A Crimes Act 1900 | Meaning of Access to Data, Modification of Data and Impairment of Electronic Communication


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Section 308A of the Crimes Act 1900 is Meaning of Access to Data, Modification of Data and Impairment of Electronic Communication and is extracted below.

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The Legislation

Section 308A of the Crimes Act 1900 deals ‘Meaning of Access to Data, Modification of Data and Impairment of Electronic Communication’ and reads as follows:

308A Meaning of Access to Data, Modification of Data and Impairment of Electronic Communication

(1) In this Part,
“access” to data held in a computer means:

(a) the display of the data by the computer or any other output of the data from the computer, or

(b) the copying or moving of the data to any other place in the computer or to a data storage device, or

(c) in the case of a program–the execution of the program.

(2) In this Part,
“modification” of data held in a computer means:

(a) the alteration or removal of the data, or

(b) an addition to the data.

(3) In this Part,
“impairment” of electronic communication to or from a computer includes:

(a) the prevention of any such communication, or

(b) the impairment of any such communication on an electronic link or network used by the computer, but does not include a mere interception of any such communication.

(4) A reference in this Part to any such access, modification or impairment is limited to access, modification or impairment caused (whether directly or indirectly) by the execution of a function of a computer.

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