Computer Misuse Act 1990

Computer Misuse Act

This piece of legislation deals with the misuse of computer networks in an illegal manner.

This law makes it an offence to:

1. Gain unauthorised access to computer material.

2. Unauthorised access with intent to commit or facilitate commission of further offences

3. Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

There are some additional offences under section 3

Section 3ZA: Unauthorised acts causing, or creating risk of, serious damage

• This is designed to cater for computer misuse, where the impact is to cause damage to, for example, critical national infrastructure and where the maximum penalty of ten years available under Section 3 may be inadequate.

Section 3A: Making, supplying or obtaining articles for use in offence under Section 1, 3 or 3ZA

• The rationale behind the creation of this offence is the market in electronic malware or 'hacker tools'; which can be used for breaking into, or compromising, computer systems.

So for example if a pupil attempts to, or manages, to gain access (hack) to the school network to change their grade they would be breaching the Computer Misuse Act as they have gained unauthorised access (Offence 1) and also modified data (Offence 3).

If a disgruntled employee sabotaged a network or released security information to a competitor so that they could access the network that could also be an offence. This law can enforce fines, prison sentences and/or confiscation of all computer equipment.

Maximum Penalties

Section 1: Unauthorised access to computer material

The maximum penalty on indictment is 2 years imprisonment

Section 2: Unauthorised access with intent to commit or facilitate commission of further offences

The maximum penalty on indictment is 5 years imprisonment.

Section 3: Unauthorised Acts with intent to impair, or with recklessness as to impairing the operation of a computer

The maximum sentence on indictment is 10 years' imprisonment.

Section 3A: Making, supplying or obtaining articles for use in offence under Section 1, 3 or 3ZA

The maximum sentence is 2 years' imprisonment.

Section 3ZA: Unauthorised acts causing, or creating risk of, serious damage

The maximum sentence is 14 years imprisonment, unless the offence caused or created a significant risk of serious damage to human welfare or national security in which case a person guilty of the offence is liable to imprisonment for life.

Some further reading

Official Computer Misuse Act Legislation - https://www.legislation.gov.uk/ukpga/1990/18/contents

CPS Site - https://www.cps.gov.uk/legal-guidance/computer-misuse