What’s the penalty for unauthorised access of data?
More colloquially termed hacking, the unauthorised access of data or the unauthorised modification or impairment of data is an offence under Victorian law set out in Section 247A of the Crimes Act 1958.
Why protect unauthorised access to data?
This provision is noble in the sense that it is designed to protect individuals, businesses, and government entities from the risks associated with unlawful interference with computer systems and digital data. However, it also has the effect of putting former employees of businesses and government entities at risk of prosecution if they maintain access to data that they should no longer have.
Who does this apply to?
Ostensibly, this applies to any person who intentionally has unauthorised access of data, such as a computer system, modifies data, or impairs its operation without the necessary authority. The law does not require that any financial gain or damage result from the act; rather, the mere act of interference is sufficient to attract criminal liability.
Maximum Penalty?
A conviction for unauthorized access of data carries a maximum penalty of two years’ imprisonment. However, where the conduct is more egregious, involving sophisticated hacking, interference with government or financial institution systems, or the introduction of malware designed to cause widespread disruption, the consequences can be far more severe.
Occasionally, more serious charges proceed under federal legislation where liability extends up to ten years’ imprisonment. In addition to a custodial sentence, a conviction may result in substantial fines, restitution orders, and conditions restricting the use of technology. Perhaps most significantly, a criminal record can have long-term ramifications, affecting future employment opportunities, travel, and professional licensing.
Why legal representation is crucial?
When facing charges of this nature, securing expert legal representation is crucial. At Joseph Burke Law, we understand that every case is unique and that individuals charged with these offences are often first-time offenders who may not have appreciated the gravity of their actions. Our role as defence lawyers is to carefully scrutinize the prosecution’s evidence, including forensic computer reports and records of alleged access, to identify any weaknesses in the case. Where possible, we seek to challenge the charge by demonstrating that our client had lawful authority, lacked the necessary intent, or was mistakenly identified.
In cases where a conviction is likely, we advocate for our clients by negotiating with the prosecution to have the charge reduced or to secure a sentencing outcome that avoids a term of imprisonment. Factors such as a lack of prior criminal history, cooperation with authorities, and a demonstrated commitment to rehabilitation can be presented to the court in mitigation. Where appropriate, we explore alternative sentencing options such as diversion programs, community-based orders, or good behavior bonds, which may allow our clients to avoid a criminal conviction altogether.
The complexities of cybercrime law demand a strategic and meticulous legal approach. At Joseph Burke Law, we are committed to providing our clients with expert advice and strong advocacy to ensure the best possible outcome. If you require a lawyer, you should book an appointment today.
