Cyber crime

Question 1

Unauthorised access to computer materials

Answer 1

s1 Computer Misuse Act 1990
Either way
Involved causing a computer to perform any function so more than just looking at it
Attempting to log on is sufficient
Must show D intended to secure access to the program/data
Intention only, not recklessness
D must have known access was unauthorised

Question 2

Unauthorised access to computers with intent

Answer 2

s2 Computer Misuse Act 1990
Either way
Guilty if D commits offence of s1 above with intent to commit a further offence or facilitate the commission of a further offence.
The intended further offence does not have to have been committed at the same time but may be committed in the future e.g. data used to commit blackmail.
Impossibility rule so D is still guilty even if he tried to access bank account of a person who did not exist.
D must be shown to have had the required intent at the time of the access or other actus reus.

Question 3

Unauthorised acts with intent to impair operation of a computer etc.

Answer 3

s3 Computer Misuse Act 1990
Either way
D does any unauthorised act in relation to a computer, knows it is unauthorised and intends by doing it to impair the operation of any computer, prevent or hinder access to any program or data held in any computer or impair the operation of any such program or the reliability of any such data.
Intention or recklessness
E.g. ex employee impaired the operation of a company’s computer by using a program to generate and send 5 million emails to the company

Question 4

Unauthorised acts causing or creating risk of serious damage

Answer 4

s3ZA Computer Misuse Act 1990
Indictable
D is guilty if he does an unauthorised act which he knows is unauthorised which causes a significant risk or damage of a material kind and by doing it intends to cause serious damage or is reckless as to whether such damage is caused.

Question 5

Making, supplying or obtaining articles for use in offences under s1, 3 or 3ZA

Answer 5

s3A Computer Misuse Act 1990
Either way
Designed to combat the market in electronic tools like hacker tools which can be used for hacking in to computer systems.

Question 6

Personal data

Answer 6

Shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
Includes any information relating to an identified or identifiable living individual.
E.g. address, credit card number, bank statements, criminal record etc.
Data is personal data when someone is able to link the information to a person even if the person holding this data can’t make the link.
Data subject has a right to be informed when their personal data is being processed. The controller must provide his name and address, purpose of processing, recipients of the data and all other info required to ensure the processing is fair.
Data subject can withdraw consent at any time.

Question 7

Sensitive personal data

Answer 7

Some of the personal data that may be processed can be more sensitive so requires a higher level of protection.
This is known as special categories of personal data.
E.g. race, ethnic origin, political opinions, religious beliefs, health data etc.

Question 8

GDPR principles

Answer 8

Lawfulness, fairness and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality

Question 9

Offences relating to personal data

Answer 9

Data Protection Act 2018
s170 - unlawful obtaining of personal data
s171 - re-identification of de-identified personal data
s173 - alteration etc. of personal data to prevent disclosure to data subject
All are summary

Question 10

Malicious communications offence

Answer 10

s1 Malicious Communications Act 1988
Either way
A person who sends another person -
A letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false, or
Any article or electronic communication which is in whole or part of an indecent or grossly offensive nature
Is guilty if his purpose/one of his purposes is to cause distress or anxiety to the recipient or any other person whom he intends that its contents or nature should be communicated
Purpose = intention

Question 11

Mal coms defence

Answer 11

s1(2) Malicious Communications Act 1988
Not guilty if D shows that the threat was used to reinforce a demand made by him on reasonable grounds, and
That he believed and had reasonable grounds for believing that the use of the threat was a proper means of reinforcing the demand.
Objective test.
Defence is intended to cover financial institutions which often need to send forceful letters to customers.