Mauritius
Computer Misuse and Cybercrime Act
Act 22 of 2003
- Commenced on 9 August 2003
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Computer Misuse and Cybercrime Act.2. Interpretation
In this Act—"access", in relation to any computer system, means instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system;"asymmetric cryptosystem" means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key to verify the digital signature;"computer service" includes data processing and the storage or retrieval of data;"computer system" means a device or combination of devices, including input and output devices, but excluding calculators which are not programmable, and capable of being used in conjunction with external files, which contain computer programs, electronic instructions, input data and output data that performs logic, arithmetic, data storage and retrieval, communication control and other functions;"data" means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose, and includes representations of facts, information and concepts held in any removable storage medium;"digital signature"—(a)means an electronic signature consisting of a transformation of an electronic record using an asymmetric cryptosystem such that a person having the initial untransformed electronic record and the signer's public key can accurately determine—(i)whether the transformation was created using the private key that corresponds to the signer's public key; and(ii)whether the initial electronic record has been altered since the transformation was made; and(b)includes voice recognition relating features, digital finger-printing or such other biotechnological features or process, as may be prescribed;"electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;"electronic record" means a record created, generated, sent, communicated, received or stored by electronic means;"function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system;"information and communication service" means any service involving the use of information and communication technologies, including telecommunication services;"information and communication technologies" means technologies employed in collecting, storing, using or sending out information and include those involving the use of computers or any telecommunication system;"intercept", in relation to a function of a computer, includes listen to, or record a function of a computer, or acquire the substance, its meaning or purport of such function;"investigatory authority" means the police or any other body lawfully empowered to investigate any offence;"key" means either a public or private key;"modification" means a modification of the contents of any computer system by the operation of any function of that computer system or any other computer system as a result of which—(a)any program or data held in the computer system is altered or erased;(b)any program or data is added to its contents; or(c)any act occurs which impairs the normal operation of the computer system;"password" means any data by which a computer service or a computer system is capable of being obtained or used;"private key" means the key of a key pair used to create a digital signature;"program" means a set of instructions, expressed in words, codes, schemes or any other form, which is capable, when incorporated in a machine readable medium, of causing a computer to perform or achieve a particular task or result;"property" means property of any kind, nature or description, whether moveable or immoveable, tangible or intangible and includes—(a)any currency, whether or not the currency is legal tender in Mauritius;(b)information, including an electronically produced data or program, or a copy thereof, whether tangible or intangible, human or computer readable data, or data while in transit; or(c)any right or interest in property;"public key" means the key of a key pair used to verify a digital signature;"record" means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;"service provider" means any person who provides an information and communication service, including a telecommunication service;"subscriber" means a person using the services of a service provider;"subscriber information" means any information, contained in the form of computer data or any other form, that is held by a service provider, relating to subscribers, other than traffic or other data, by which can be established—(a)the type of the communication service used, the technical provisions taken to use the communication service and the period of the service;(b)the subscriber's identity, postal or geographical address, telephone and other access number, billing and payment information, available on the basis of a service agreement or arrangement; or(c)any other information on the site of installation of a communication equipment available on the basis of a service agreement or arrangement;"telecommunication" means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic systems, whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception;"traffic data" means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication's origin, destination, route, time, date, size, duration, or type of underlying service;"underlying service" means the type of service that is being used within the computer system.Part II – Offences
3. Unauthorised access to computer data
4. Access with intent to commit offences
5. Unauthorised access to and interception of computer service
6. Unauthorised modification of computer material
7. Damaging or denying access to computer system
Any person who without lawful authority or lawful excuse, does an act which causes directly or indirectly—8. Unauthorised disclosure of password
Any person who, knowingly discloses any password, access code, or any other means of gaining access to any program or data held in any computer system—9. Unlawful possession of devices and data
10. Electronic fraud
Any person who fraudulently causes loss of property to another person by—Part III – Investigations and procedures
11. Preservation order
12. Disclosure of preserved data
The investigatory authority may, for the purposes of a criminal investigation or the prosecution of an offence, apply to the Judge in Chambers for an order for the disclosure of—13. Production order
14. Powers of access, search and seizure for purposes of investigation
15. Real time collection of traffic data
Where the investigatory authority has reasonable grounds to believe that any data would be relevant for the purposes of investigation and prosecution of an offence under this Act, it may apply to the Judge in Chambers for an order—16. Deletion order
A Judge in Chambers may, upon application by an investigatory authority, and being satisfied that a computer system or any other information and communication technologies medium contains an indecent photograph of a child, order that such data be—17. Limited use of disclosed data and information
No data obtained under sections 11 to 15 shall be used for any purpose other than that for which the data was originally sought except—Part IV – Miscellaneous
18. Prosecution
No prosecution shall be instituted under this Act except on an information filed by, or with the consent of, the Director of Public Prosecutions.19. Jurisdiction
20. Extradition
Any offence under sections 3,4,5,6,7 and 10 of this Act shall be considered to be an extraditable crime for which extradition may be granted or obtained under the Extradition Act.21. Forfeiture
The Court before which a person is convicted of an offence may, in addition to any other penalty imposed, order the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence.22. ***
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History of this document
30 June 2017 this version
Consolidation
09 August 2003
Commenced