Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 337C
337C. (1) A person who without authorisation does any of the
following acts shall be guilty of an offence against this artic le -
(a) uses a computer or any other device or equipment to
access any data, software o r supporting documentation
held in that computer or on any other computer, or
uses, copies or modifies any such data, software or
supporting documentation;
(b) outputs any data, software or supporting
documentation from the computer in which it is held,
whether by having it displayed or in any other manner
whatsoever;
(c) copies any data, software or supporting documentation
to any storage medium other than that in which it is
held or to a different location in the storage medium in
which it is held;
(d) prevents or hinders access to any data, software or
supporting documentation;
(e) hinders or impairs the functioning or operation of a
computer system, software or the integrity or
reliability of any data;
(ee) hinders or interrupts the functioning of an information
system by inputting computer data, by transmitting,
damaging, deleting, deteriorating, altering or
suppressing such data, or by rendering such data
inaccessible;
(f) takes possession of or makes use of any data, software
or supporting documentation;
(g) installs, moves, alters, damages, deletes, deteriorates,
200 CAP . 9.] CRIMINAL CODE
suppresses, destroys, var ies or adds to any data,
software or supporting documentation or renders such
data inaccessible;
(h) discloses a password or any other means of access,
access code or other access information to any
unauthorised person;
(i) uses another person’s access code, password, user
name, electronic mail address or other means of access
or identification information in a computer or in any
manner infringes any security measure to gain access
without authorization to the whole or to any part of an
information system;
(j) discloses any data, software or supporting
documentation unless this is required in the course of
his duties or by any other law;
(k) intercepts by technical means, non-public
transmissions of data, t o , f r o m o r w i t h i n a n
information system or a computer system, including
electromagnetic emissions f rom an information system
or a computer system carrying such computer data;
(l) produces, sells, procures for use, imports, distributes,
possesses or otherwise makes available a device,
including a computer program, designed or adapted
primarily for the purpose of committing any of the acts
in paragraphs ( a) to (k) or a computer password, access
code, or similar data by which the whole or any part of
an information system is capable of being accessed.
(2) For the purposes of this Sub-title:
(a) a person shall be deemed t o act without authorisation
if he is not duly authorised by an entitled person;
(b) a person shall be deemed to be an entitled person if the
person himself is entitled to control the activities
defined in sub-article (1)( a) to ( k) or in article 4( a) and
(b) of this Sub-title.
(3) For the purposes of sub-article (1):
(a) a person shall be deemed to have committed an offence
irrespective of whether in the case of any
modification, such modification is intended to be
permanent or temporary;
(b) the form in which any software or data is output and in
particular whether or not it represents a form in which,
in the case of software, it is capable of being executed
or, in the case of data, it is capable of being processed
by a computer, is immaterial.
(4) For the purposes of sub-article (1)( f), a person who for the
fact that he has in his custody or under his control any data,
computer software or supporting documentation which he is not
authorised to have, shall be deemed to have taken possession of it.
CRIMINAL CODE [CAP. 9. 201
Misuse of
hardware.
Added by:
III.2001.27.
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.