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Unauthorised access to or modification of restricted data
Unauthorised access to or modification of restricted data
Written by
Josh Taaffe
Criminal Defence Lawyer
What the Law states - Unauthorised access to or modification of restricted data
Crimes Act 1958 - SECT 247G
Unauthorised access to or modification of restricted data247G. Unauthorised access to or modification of restricted data
(1) A person who-
(a) causes any unauthorised access to or modification of restricted data held in a computer; and
(b) knows that the access or modification is unauthorised; and
(c) intends to cause the access or modification-
is guilty of an offence and liable to level 7 imprisonment (2 years maximum).
(2) An offence against this section is a summary offence.
(3) In this section restricted data means data held in a computer to which access is restricted by an access control system associated with a function of the computer.
Maximum Penalty in Victoria
2 years
What the Prosecution must prove - Unauthorised access to or modification of restricted data - Vic
1. That the accused accessed or modified data
2. That the accused was not authorised to access or modify the data
3. The data was held in a computer to which access is restricted by an access control system
4. The accused knew that the access or modification was unauthorized
5. The accused intended to cause the access or modification
Possible Defences - Unauthorised access to or modification of restricted data
1. Factual Dispute
(i) That the accused held authorisation
(ii) That the data was not restricted
Which court will hear the charge of Unauthorised access to or modification of restricted data
An offence against this section is a summary offence and will be determined in the Magistrate's Court.
