173HUnauthorised access to or interference with data

173H Unauthorised access to or interference with data (1) A person must not intentionally and without lawful authority— (a) obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an administrative services agreement or was gained in the course of those operations; or (b) alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or (c) interfere, or attempt to interfere, in any other way with a database containing any such data. Penalty: 100 penalty units. (2) The Secretary, in writing, may authorise a person engaged or employed by a contactor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1). (3) For the purposes of subsection (1), a person is taken as having lawful authority to do a thing referred to in that subsection if the person does that thing in the exercise of official powers or the discharge of official functions or duties— (a) in the case of a person engaged or employed by a contractor or sub‑contractor or any other person, the person is authorised to do that thing under subsection (2); and (b) in the case of a person who is— (i) the Director; or (ii) the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the **Supreme Court Act 1986**; or (iii) a police officer. S. 173I inserted by No. 59/2017 s. 62.