Have you been charged with Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device?
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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 impairment of data held in computer disk, credit card or other device?
Section 247H of the Crimes Act (“CA”) deals with the offence of unauthorised impairment of the reliability, security, or operation of data stored on devices such as computer disks, credit cards, or other electronic data storage devices.
This provision aims to protect the integrity and security of data from unauthorised interference that could compromise its functionality or reliability. Examples of this offence could include corrupting data on a storage device or interfering with the security features of a credit card’s stored data.
What Must the Prosecution Prove?
To secure a conviction under Section 247H, the prosecution must prove the following elements beyond a reasonable doubt:
- You caused an impairment of the reliability, security, or operation of data held on a computer disk, credit card, or other electronic data storage device.
Impairment means the data was disrupted or altered in such a way that its reliability or security was compromised, or its operation was hindered.
- You knew that the impairment was unauthorised, meaning you were aware you did not have the right to impair the data’s reliability, security, or operation.
- You intended to cause the impairment.
This means you acted with the purpose of interfering with the data, not accidentally or unknowingly.
Penalties for unauthorised impairment of data:
The offence of unauthorised impairment of data under Section 247H is classified as a summary offence, with a maximum penalty of 2 years imprisonment (level 7 imprisonment).
This reflects the seriousness of tampering with the security and integrity of data, but the penalty is more moderate compared to higher-level cyber offences.
Factors and defences to consider:
- Did you intentionally impair data?
- What was your purpose of doing so?
- What damage was caused by the impairment?
- Did you have authorisation and/or permission to access such data?
- Do you have any prior convictions of a similar nature?
- What were the surrounding circumstances of this offence?
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What happens next?
If you have been charged with unauthorised impairment of data held in computer disk, credit card or other devices, it is essential to act quickly and seek legal advice. This offence carries severe consequences, including the potential for imprisonment of up to 10 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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