Part VII – Computer Misuse Interpretation 64.(1) In this Part – “computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include a device which is nonprogrammable or which does not contain any data storage facility; “computer service” includes computer time, data processing and the storage or retrieval of data; “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer; “function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer; “intercept”, in relation to a function of a computer, includes listening to or recording a function of a computer, or acquiring the substance, meaning or purport of a function of a computer; “output” means a statement or representation (whether in written, printed, pictorial, graphical or other form) purporting to be a statement or representation of fact: (a) produced by a computer; or (b) accurately translated from a statement or representation so produced; “program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function, and includes part of a program. (2) A person secures access to any program or data held in a computer if by causing a computer to perform any function that person – (a) alters or erases the program or data; (b) copies or moves it 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; (c) uses it; or (d) causes it to be output from the computer in which it is held (whether by having it displayed or in any other manner), and references to access to a program or data (and to an intent to secure such access) shall be read accordingly. (3) For the purposes of subsection (2)(c), a person uses a program if the function they cause the computer to perform– (a) causes the program to be executed; or (b) is itself a function of the program. (4) For the purposes of subsection (2)(d), the form in which any program or data is output (and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial. (5) Access of any kind by any person to any program or data held in a computer is unauthorised or done without authority if that person – (a) is not entitled to control access of the kind in question to the program or data; and (b) does not have consent to access of the kind in question to the program or data from any person who is so entitled. (6) A reference to any program or data held in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer, and a computer is to be regarded as containing any program or data held in any such medium. (7) A modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer ­ (a) any program or data held in the computer concerned is altered or erased; 20 20