Computer Misuse Act Singapore: The Truth And Its Offenses

Computer Misuse Act Singapore: The Truth And Its Offenses

Computer misuse act Singapore is to make provision for securing computer material against unauthorized access or modification and for matters related thereto.

In this computer misuse act Singapore, unless the context otherwise requires — “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.

For the purposes of this computer misuse act Singapore, a person secures access to any program or data held in a computer if by causing a computer to perform any function he —

(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),

(e) and references to access to a program or data (and to an intent to secure such access) shall be read accordingly.

Offences

Unauthorized access to computer material

(1) Any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offense and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) If any damage is caused as a result of an offense under this section, a person convicted of the offense shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the computer misuse act Singapore in question is not directed at —
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.

Access with intent to commit or facilitate commission of offence

(1) Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in any computer with intent to commit an offense to which this section applies shall be guilty of an offense.

(2) This section shall apply to an offense involving property, fraud, dishonesty, or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than 2 years.

(3) Any person guilty of an offense under this section shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(4) For the purposes of this section, it is immaterial whether —
(a) the access referred to in subsection (1) is authorized or unauthorized;
(b) the offense to which this section applies is committed at the same time when the access is secured or at any other time.

Unauthorized modification of computer material

(1) Subject to subsection

(2), any person who does any computer misuse act Singapore which he knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the computer misuse act Singapore in question is not directed at —
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.

(4) For the purposes of this section, it is immaterial whether an unauthorised modification is, or is intended to be, permanent or merely temporary.

Unauthorised use or interception of computer service

(1) Subject to subsection (2), any person who knowingly —

(a) secures access without authority to any computer for the purpose of obtaining, directly or indirectly, any computer service;

(b) intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electro-magnetic, acoustic, mechanical or other device; or

(c) uses or causes to be used, directly or indirectly, the computer or any other device for the purpose of committing an offence under paragraph ( a) or ( b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

(3) For the purposes of this section, it is immaterial that the unauthorised access or interception is not directed at —
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.

Also read: 4 easy guides to data breach assessment

Unauthorised obstruction of use of computer

(1) Any person who, knowingly and without authority or lawful excuse

(a) interferes with, or interrupts or obstructs the lawful use of, a computer; or
(b) impedes or prevents access to, or impairs the usefulness or effectiveness of, any program or data stored in a computer,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.

Unauthorised disclosure of access code
(1) Any person who, knowingly and without authority, discloses any password, access code or any other means of gaining access to any program or data held in any computer shall be guilty of an offence if he did so —
(a) for any wrongful gain;
(b) for any unlawful purpose; or
(c) knowing that it is likely to cause wrongful loss to any person.

(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

Enhanced punishment for offenses involving protected computers
(1) Where access to any protected computer is obtained in the course of the commission of an offense under section 3, 5, 6, or 7, the person convicted of such an offense shall, in lieu of the punishment prescribed in those sections, be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 20 years or to both.

(2) For the purposes of subsection (1), a computer shall be treated as a “protected computer” if the person committing the offense knew, or ought reasonably to have known, that the computer or program or data is used directly in connection with or necessary for —
(a) the security, defense or international relations of Singapore;
(b) the existence or identity of a confidential source of information relating to the enforcement of criminal law;
(c) the provision of services directly related to communications infrastructure, banking, and financial services, public utilities, public transportation, or public key infrastructure; or
(d) the protection of public safety including systems related to essential emergency services such as police, civil defense, and medical services.

(3) For the purposes of any prosecution under this section, it shall be presumed, until the contrary is proved, that the accused has the requisite knowledge referred to in subsection (2) if there is, in respect of the computer, program, or data, an electronic or other warning exhibited to the accused stating that unauthorized access to that computer, program or data attracts an enhanced penalty under this section.

Abetments and attempts punishable as offences
(1) Any person who abets the commission of or who attempts to commit or does any computer misuse act Singapore preparatory to or in furtherance of the commission of any offence under this computer misuse act Singapore shall be guilty of that offence and shall be liable on conviction to the punishment provided for the offence.
(2) For an offence to be committed under this section, it is immaterial where the computer misuse act Singapore in question took place.

Also read: Privacy policy template important tips for your business