The Computer Misuse Act 1990

1.5.1 Computing Related Legislation

Computing Related Legislation — Note 2 of 4

Candidates need to understand the purpose and principles of the Computer Misuse Act, including the actions that it prohibits. Candidates need to understand how the regulations impact organisations and the use of computers and electronic communication.

What you need to know

The Computer Misuse Act makes it a criminal offence to access or modify computer material without permission. It was introduced in response to hacking and the spread of viruses, and has been updated to cover newer threats.

What to know

Offence 1: unauthorised access to computer material, e.g. using someone else's login without permission.
Offence 2: unauthorised access with intent to commit or facilitate further offences, e.g. accessing a system in order to commit fraud.
Offence 3: unauthorised acts with intent to impair the operation of a computer, e.g. spreading malware, deleting files or launching a denial of service attack.
Later amendments added making, supplying or obtaining tools for use in these offences, and causing serious damage (e.g. to national infrastructure or human welfare).
The offences increase in seriousness and in maximum penalty.

Exam technique

Tip:Identify which offence applies to a scenario and explain why, e.g. 'installing a keylogger to steal bank details is unauthorised access with intent to commit further offences'.
Mistake:Saying the Act only applies to hacking from outside. Employees who access data they are not authorised to see also commit an offence.

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