18
Computer Misuse Act 1990 (c. 18)
Document Generated: 2022-03-08
Changes to legislation: Computer Misuse Act 1990 is up to date with all changes known to be in force on or before
08 March 2022. There are changes that may be brought into force at a future date. Changes that have been made
appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
(5) Access of any kind by any person to any program or data held in a computer is
unauthorised if—
(a) he is not himself entitled to control access of the kind in question to the
program or data; and
(b) he does not have consent to access by him of the kind in question to the
program or data from any person who is so entitled [F77but this subsection is
subject to section 10.]
(6) References to any program or data held in a computer include references 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) F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F79(8) An act done in relation to a computer is unauthorised if the person doing the act (or
causing it to be done)—
(a) is not himself a person who has responsibility for the computer and is entitled
to determine whether the act may be done; and
(b) does not have consent to the act from any such person.
In this subsection “ act ” includes a series of acts. ]
(9) References to the home country concerned shall be read in accordance with
section 4(6) above.
(10) References to a program include references to part of a program.
Textual Amendments
F76
F77
F78
F79
18
Words in s. 17(2) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14
para. 29(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I.
(1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)
(viii))
Words in s. 17(5)(b) inserted (3.2.1995) by 1994 c. 33, s. 162(2); S.I. 1995/127, art. 2(1), Sch. 1
S. 17(7) repealed (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss.
52, 53, Sch. 14 para. 29(3), Sch. 15 Pt. 4 (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2
S. 17(8) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48),
ss. 52, 53, Sch. 14 para. 29(4) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2
Citation, commencement etc.
(1) This Act may be cited as the Computer Misuse Act 1990.
(2) This Act shall come into force at the end of the period of two months beginning with
the day on which it is passed.
(3) An offence is not committed under this Act unless every act or other event proof of
which is required for conviction of the offence takes place after this Act comes into
force.