Unauthorised Access to or Modification of Restricted Data

Unauthorised Access to or Modification of Restricted Data

Unauthorised Access to or Modification of Restricted Data is found in section 247G of the Crimes Act 1958 in Victoria. It is committed by a person who accessed or modified a restricted data held on a computer without authorisation.

Have you been accused of Unauthorised Access to or Modification of Restricted Data?

access or modification of restricted data
Police Interview
The police will invite you to attend the police station if they believe you have gained Unauthorised Access to or Modification of Restricted Data. The police may make you believe that this is your only opportunity to tell your side of the story. This is not the case. You should speak with one of our lawyers before speaking with the police to arm yourself with as much information as possible. The interview process is an important stage of the process and can limit your options in Court if not handled correctly.

Generally in cases like this, the police will already have the forensic evidence that they will say is evidence to support the charge of Unauthorised Access to or Modification of Restricted Data. Don’t treat this as a reason to try to explain yourself out of the charge.

leading Not Guilty
If you deny gaining Unauthorised Access to or Modification of Restricted Data, it is important that you engage a lawyer at the earliest possible opportunity to start planning your defence. There may be forensic evidence which needs to be preserved and is time sensitive.

Our lawyers are experienced in analysing the police brief of evidence to determine your best possible strategy for defending your case. This may include engaging an appropriately qualified expert. Our lawyers will offer you comprehensive advice so you can make an informed decision about how you want to run your case.

Pleading Guilty
Deciding to plead guilty to Unauthorised Access to or Modification of Restricted Data is not one that should be made lightly. It can attract condign punishment depending on the circumstances. Our lawyers will take the time to understand your personal instructions and form them into carefully structed plea submissions.
This charge is a summary offence and is only dealt with in the Magistrates’ Court.
 
Examples of Unauthorised Access to or Modification of Restricted Data
  • Accessing somebody’s electronic bank account on a computer without their permission;
  • Accessing somebody’s medical records stored in a computer without consent or authorisation;
  • Accessing somebody’s address on a computer without authorisation or consent.
What is the legal definition of Unauthorised Access to or Modification of Restricted Data?
Section 274G(3) of the Crimes Act defines “restricted data” as data held in a computer to which access is restricted by an access control system associated with a function of the computer.

Legislation
The legislation for this offence can be found on section 247G of Crimes Act 1958.

Elements of the offence
To be found guilty of this offence, the Prosecution must prove the following elements beyond reasonable doubt:

  1. The accused accessed or modified data;
  2. The accused was not authorised to access the data;
  3. The data was held on a restricted computer that the accused knew was unauthorised; and
  4. The accused intended to access or modify the data.
“Can the Police prove that you accessed restricted data stored in a computer?”

Defences to this charge can include can include a factual dispute, the fact that the accused was authorised or the fact that the data was not restricted.

You should call us to speak with one of our experienced lawyers if you have been charged. Deciding on whether to plead guilty or not has implications for you and should be made after proper discussions with a criminal lawyer.

Questions in cases like this
  • Was the data restricted?
  • Did you have authorisation to access the data?
  • Did you access the data?

If a person is convicted of (s247G of the Crimes Act 1958), the court may impose a maximum sentence of 2 years imprisonment.