Cybercrime

Question 1

s1 Computer misuse Act 1990 - Unauthorised access to computer material
e/w 2yrs / 6mths / fine

• causes computer to perform any function with intent to secure access to any program or data
• access is unauthorized
• knows it is the case

Intent need not be directed at particular program, data
Looking over someone’s shoulder at unauthorized data not covered.

Securing access will incl

• altering or erasing a program or data
• copying or moving a program or data to a new storage medium
• using data or having it displayed or output in any form from the computer in which it is held.

Answer 1

s2 unauthorised access with intent to commit further offences
e/w 5 yrs / 6 mths / fine

Intent at time of access

Impossibility of offence does not affect it eg trying to access bank account of person who does not in fact exist.

s3 unauthorized acts with intent to impair or with recklessness as to impairing operation of computer etc
e/w 10 yrs/ 6 mths / fine

incls viruses, revenge attacks etc

Question 2

s3ZA unathorised acts causing or creating risk of serious damage
ind 14 yrs / fine

unauthorized access to computer intending serious material damage or damage to human welfare -

serious damage covers
human welfare in any place
damage to environment of any place
damage to economy of any country
damage to national security of any country

damage to human welfare - 
loss life
illness/injury
disruption to supply money, food, water, energy, fuel
disruption of a system of communication
disruption of facilities for transport
disruption to health services

immaterial if act to cause damage is done directly or is the only or main cause of damage

Answer 2

s3A Making, supplying or obtaining articles for use in offences under s1 or 3.
e/w 2yrs / 6 mths / fine

hackers tools - adapts supplies, offers to supply tools which can hack into computers

s2 Data Protection Act 2018

personal data relating to an identified or identifiable living individual

Data can be processed only if at least one of the below are true

• consent from data subject
• necessary for performance/entering into contract
• necessary for compliance with legal obligation
• necessary in order to protect vital interests of subject
• public interest or official authority
• legitimate interests of the controller

data subject has right to access all data held, and right to demand rectification, deletion, blocking of incomplete or inaccurate data.

Question 3

Special Categories of personal data (sensitive)
race
ethnicity
political opinions
religious/philosophical beliefs
trade union memberships
genetic data
biometrics (used for ID purposes)
health data
sex life
sexual orientation

Still be lawful basis for processing special category data under article 6.

If child under 16 yrs need PR consent to process data

Answer 3

6 key GDPR priciples;
lawfulness, fairness and transparency
purpose limitation
data minimisation
accuracy
storage limitation
integrity and confidentiality (security)

Offences relating to personal data under 2018 ACT

s170 - unlawful obtaining
s171 re-identification of de-identified personal data
s173 alteration of personal data to prevent disclosure to data subject

defences for purposes prevention and detection crime

Question 4

s1(1) Malicious Communications Act 1988
e/w 2 yrs / 6 mths / fine

sends to another (incl transmitting)
- letter, electronic communication or article which conveys;
message indecent or grossly offensive
a threat
false info known/believed to be false by the sender OR
any article or electronic communication which is in part, whole of an indecent or grossly offensive nature.

which causes distress, anxiety to recipient or any other person whom he intends that its content or nature should be communicated.

Answer 4

Defence
Threat was made to enforce demands on reas grounds AND
believed or had reas grounds for believing use of threat was proper means of reinforcing demands

Objective test for reas grounds

• there were in fact reas grounds for making demand
• believed accompanying threat was proper means for enforcing demand
• reasonable grounds existed for that belief

Mutual Legal assistance Treaties (MLATS)
and
International Letter of Request (ILOR)

For international requests/support