Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 337C

Official PDF on legislation.mt

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.

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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.