YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF SECTIONS 85 and 86 of the ECT Act, reproduced hereunder:
Electronic Communications and Transactions Act, 2002
No. 25 of 2002
Definition
85. In this Chapter, unless the context indicates otherwise, "access" includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access that data.
Unauthorised access to, interception of or interference with data
86. Subject to the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992),
- a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.
- A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.
- A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security offence.
- A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.
- A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.