Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 337B

Official PDF on legislation.mt

337B. (1) For the purposes of this Sub-title the following definitions, unless the context otherwise requires, shall apply : "computer" means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, software and communication facilities that are connect ed or related to a computer in a co mputer system or computer netwo rk; "computer data" means any repres entation of facts, information or concepts in a form suitable for processing in an information system or in a computer system, including a program suitable to cause a computer system to perform a function; "computer network" means the interconnection of communication lines and circuits with a computer through a remo te device or a complex consisting of two or more interconnected computers; "computer output" or "output" means a statement or a representation of data whether in written, printed, pictorial, screen display, photographic or other f ilm, graphical, acoustic or oth er form produced b y a computer; "computer software" or "softwar e" means a computer program, procedure or associated documentation used in the operation of a computer system; "computer supplies" means punch ed cards, paper tape, magnetic tape, disk packs, diskettes, CD-roms, computer output, includin g paper and microform and any st orage media, electronic or otherwise; "computer system" means a set of related computer equipment, hardware or software; "electronic communication apparatus" means any equipment or machinery howsoever so described; "electronic communication networ k" means transmission systems, whether or not based on a permanent infrastructure or centralis ed administration capacity, and where applicable switching or rout ing equipment and other resources, including network elements which are not active, which permit the conve yance of signals by wire, by radio, by optical or by other electromagnetic means, including satelli te networks, fixed (circuit-switche d and packet-switched, includin g Internet) and mobile networks, e lectricity cable systems, to th e extent that they are used for the purpose of transmitting signals, irr espective of the type of inf ormation conveyed; "function" includes logic, control, arithmetic, deletion, stora ge, retrieval and communication of data or telecomm unication to, fr om or within a computer; "information system" means a device or group of inter-connected or related devices, one or more o f which, pursuant to a program me, automatically processes computer data, as well as computer data stored, processed, retrieved or transmitted by that device or g roup of devices for the purposes of it s or their operation, use, pro tection and maintenance; CRIMINAL CODE [CAP. 9. 199 "supporting documentation" means any documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data. (2) A reference in this Sub-title to software includes a reference to a par t of the software. (3) A reference in this Sub-t itle to a computer includes a reference to a computer network. (4) A reference in this Sub-title to data, software or supportin g documentation held in a computer or computer system includes a reference to data, software or supporting documentation being transmitted through a computer network. (5) For the purposes of this Sub-title, a person uses software i f the function he causes th e computer to perform: (a) causes the software to be executed; or (b) is itself a function of the software. (6) A reference in this Sub-title to any software or data held i n a computer includes a reference to any software or data held in any removable storage medium which is for the time being in the computer. Unlawful access to, or use of, information. Added by: III.2001.27. Amended by: VII.2010.26; VIII.2015.24; XIV .2023.4.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.