Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 337B
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.
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.