Have you been charged with Unauthorised Access to or Modification of Restricted Data?
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Unauthorised Access, Modification Or Impairment With Intent To Commit A Serious Offence
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Unauthorised Modification of Data to Cause Impairment
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Unauthorised Impairment of Electronic Communication
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Possessing data with intent to commit a serious computer offence
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Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence
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Unauthorised Access to or Modification of Restricted Data
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Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device
What does it mean to be charged with unauthorised access to or modification of restricted data?
Section 247G of the Crimes Act (“CA”) addresses the offence of unauthorised access to or modification of restricted data held in a computer. Restricted data refers to information that is protected by an access control system (such as passwords or encryption), typically to safeguard sensitive or confidential information.
The section criminalises gaining access to, or modifying, such restricted data without proper authorisation, with the intention to do so. This type of conduct is treated as a summary offence with a less severe penalty, reflecting its nature as a lower-level cybercrime compared to more serious offences.
What Must the Prosecution Prove?
To convict someone under Section 247G, the prosecution must establish the following elements beyond a reasonable doubt:
- You caused unauthorised access to, or modification of restricted data held in a computer.
Restricted data refers to data that is protected by access controls, such as passwords or security protocols.
- You knew that the access or modification was unauthorised.
This means the defendant was aware that they did not have permission to access or alter the data.
- You intentionally accessed or modified the restricted data, meaning they intended to cause the unauthorised access or modification.
Where will my case be heard?
Unauthorised Access to or Modification of Restricted Data is a summary offence and would be heard in the Magistrates’ Court.
Penalties for access to or modification of restricted data:
The offence of unauthorised access to or modification of restricted data under Section 247G is classified as a summary offence, which generally indicates a lower level of severity in the criminal spectrum.
The maximum penalty for this offence is 2 years imprisonment (level 7 imprisonment).
Factors and defences to consider:
- Did you intend to access or modify the restricted data?
- Did you have authorisation to access or modify the data?
- What was your intention with the data?
- Was the access or modification accidental or unintentional?
- Did you reasonably believed you had permission to access or modify the restricted data?
- What were the surrounding circumstances of this offence?
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What happens next?
If you have been charged with access to or modification of restricted data, it is essential to act quickly and seek legal advice. This offence carries severe consequences, including the potential for imprisonment of up to 2 years.
At MK Law, we have extensive experience in dealing with complex cyber-related charges. Our dedicated legal team will work with you to understand the charges, examine the evidence, and build a strong defence strategy. Contact MK Law today on 1800 130 120 for expert legal assistance and ensure your rights are protected throughout the legal process.
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