Computer Access and Information Storage

1730 Words Feb 26th, 2018 7 Pages
These changes make requirements for more specific laws to regulate the use of computers and storage of data as well as new forensic techniques and tools to investigate such offences.
Following this, computer forensic investigators are becoming a necessity for lawyers and barristers as support in both criminal and civil proceedings. What legislation exists in Ireland to handle computer crime?
Ireland does not have exclusive law that would deal with computer crime as such, but has two laws that can handle computer crimes. Criminal Damage Act 1991 (the “1991 Act”) deals with principal offences in section 2 and section 5 while Criminal Justice (Theft and Fraud Offences) Act, 2001 (the “2001 Act”) covers computer related offences in section 9 and section 48.
Criminal Damage Act 1991
Section 2 – “(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.”
While section 2 above does not call out specific reference to computer related crime, the definition in the statute regarding property does include offences relating to data.
Section 5 – “(1) A person who without lawful excuse operates a…
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