Malta

The Criminal Code was amended on January 16, 2001

COMPUTER MISUSE

Unlawful access to, or use of, information.
337 (C) (1) A person who without authorisation does any of the folloowing acts shall be guilty of an offence against this article -
(a) uses a computer or any other device or equipment to access any data, software or
(b) supporting documentation held in that computer or on any other computer, or uses, copies or modifies any such data, software or supporting documentation;
(b) outputs any data, software or supporting documentation from the computer in which it is held, whether by having it displayed or in any other manner whatsoever;
(c) copies any data, software or supporting documentation to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held;
(d) prevents or hinders access to any data, software or supporting documentation;
(e) impairs the operation of any system, software or the integrity or reliability of any data;
(f) takes possession of or makes use of any data, software or supporting documentation;
(g) installs, moves, alters, erases, destroys, varies or adds to any data, software or supporting documentation;
(h) discloses a password or any other means of access, access code or other access information to any unauthorised person;
(i) uses another person's access code, password, user name, electronic mail address or other means of access or identification information in a computer;
(j) discloses any data, software or supporting documentation unless this is required in the course of his duties or by any other law.
(2) For the purpose of this Sub-title:
(a) a person shall be deemed to act without authorisation if he is not duly authorised by an entitled person;
(b) a person shall be deemed to be an entitled person if the person himself is entitled to control the activities defined in paragrphs (a) to (j) of subarticle (1) or in paragraphs (a) and (b) of article 4 of this Sub-title.
(3) For the purpose of subarticle (1):
(a) a person shall be deemed to have committed an offence irrespective of whether in the case of any modification, such modification is intended to be permanent or temporary;
(b) the form in which any software or data is output and in particular whether or not it represents a form in which, in the case of software, it is capable of being executed or, in the case of data, it is capable of being processed by a computer, is immaterial.
(4) For the purposes of paragraph (f) of subarticle (1), a person who for the fact that he has in his custody or under his control any data, computer software or supporting documentation which he is not authorised to have, shall be deemed to have taken possession of it.

Offences and Penalties.
337 (F) (1) Without prejudice to any other penalty established under this Sub-title, any person who contravenes any of the provisions of this Sub-title shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding ten thousand liri or to imprisonment for a term not exceeding four years, or to both such fine and imprisonment.
(2) Where any such offence constitutes an act which is in any way detrimental to any function or activity of Government, or hampers, impairs or interrupts in any manner whatsoever the provision of any public service or utility, whether or not such service or utility is provided or operated by any Government entity, the penalty shall be increased to a fine (multa) of not less than one hundred liri and not exceeding fifty thousand liri or to imprisonment for a term from three months to ten years, or both such fine and imprisonment