Question

Amber and Ted are representing XY112games at the exhibition. Amber is busy showing a potential customer a game. Ted has just taken a break, leaving the sales records computer unlocked, but with the screen switched off.

Jo, who is working for another computer games company, happens to walk by the stall and mistakes the sales records computer for a computer games demonstration machine. She notices that the screen is switched off. Curious about what game it demonstrates, she switches the screen back on.

The confidential XY112games sales records are now in full view. At this point, has Jo committed an offence under Section 1 of the CMA. Explain why Section 1 applies or does not apply.
In a

Answer 1

Section 1 of CMA doesn't apply on Jo because she did without any intention.

Under this section,  "the offence is made out once a defendant has caused a computer, which would include his own computer, to perform a function with intent to secure access".

This excludes physical contact with computer and the scrutiny of data without any interaction with computer (thus, the reading of confidential computer output, the reading of data displayed on the screen, or 'computer eavesdropping', are not covered).