Computer hacking and misuse under the Computer Misuse Act 1990


Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys
Practice notes

Computer hacking and misuse under the Computer Misuse Act 1990


Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys

Practice notes
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Background

The Computer Misuse Act 1990 (CMA 1990) was principally enacted in response to the threat of unauthorised access to computers, colloquially known as 鈥榟acking鈥 offences. It had become apparent that there was no legislation in place to effectively prosecute hacking, a lacuna exposed, in particular, by R v Gold & Schifreen where the Court of Appeal quashed a conviction for creating a false instrument contrary to the Forgery and Counterfeiting Act 1981 in relation to conduct that amounted to unauthorised access to BT鈥檚 Prestel Computer Network. The House of Lords upheld the Court of Appeal鈥檚 decision and confirmed that this conduct was outside the scope of the false instrument offence as the false information, where the passwords used to gain access, had to be stored on the instrument for an appreciable time.

CMA 1990 has been amended by the Police and Justice Act 2006 (PJA 2006) and the Serious Crime Act 2015 (SCA 2015) to create five offences.

Offences under the Computer Misuse Act 1990

CMA 1990

Dan Hyde
Professor Dan Hyde

Partner, Harrison Clark Rickerbys

Professor Dan Hyde writes, lectures and practises innovative law. A pioneer of the law as it applies to emerging tech he is a leading cybersecurity lawyer and advised the Law Commission on its recent review of cybersecurity and data protection law in the UK. He delivers talks around the World, is a Visiting Professor of Law at Queen Mary, University of London and authored the first UK published books on cybersecurity law and the international regulation and challenges of cryptocurrency and blockchain. He is a partner at Harrison Clark Rickerbys and has been instructed in a number of high profile, ground breaking cases which frequently involve elements of cyber and emerging tech.

An Officer of the International Bar Association he has been described by the Legal 500 as 鈥渁 lawyer of the highest calibre鈥. Dan's commentaries have broadcast on national and international television and featured in the national press.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Hacking definition
What does Hacking mean?

'Hacking' is unauthorised access to computer material.

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