Nov
30
CASE 1This case related with cyber crime.This case is about Andrew who is a computer science student attached with Mircohand Corporation in Cyberjaya as a practical trainee.
During his working hours he did some cybercrimes in his office.Below are his cyber crimes:
1) He managed to crack the company's information system but did not do anything afterwards.
2) He managed to intrude into his company's website system
3)Posted his pic on the front page of the website and left his mobile numb below his pic so that someone will call him & make friends
4)Leaked the company's system access code to his friends at University
5)Sent e-mail to his friends telling bad things about his manager
It was based on Computer Crimes Act 1997
Types of Computer Crimes and Computer related offences:
1st cyber crime as mentioned above was charged
1)under unauthorized access to computer,computer system & computer network
Applicable Laws :CCA S.3
Punishment-RM 50 000/5 YEARS in prison /both
2nd cyber crime can be charged in both offences:
2)Computer cracking to explore loopholes in system
2)System intrusion
Applicable Laws:CCA S.3
Punishment-RM 50 000/5 YEARS in prison /both
3rd cyber crime can be charged in:
3)unauthorized alteration,amendment & modification of data
Applicable Laws:CCA S.5
Punishment-RM 100 000/7 YEARS in prison /both
4th cyber crime can be charged under:
4)Unauthorized communication of passwords
Applicable Laws:CCA S.6
Punishment-RM 25 000/3 YEARS in prison /both
5th cyber crime can be charged under both offences:
5)E-mail with false spreading
Applicable Laws:CMA S.211
Punishment-RM 50 000/1 YEAR in prison /both
5)E-mail with hatred & abusive content
Applicable Laws:CMA S.211
Punishment-RM 50 000/1 YEAR in prison /both
CASE 2
It is about Meera who have been receiving emails frm travel companies that keep offering her holiday packages to various places in the wrld.She replied to the senders to stop emailling her,but only to find that the emails keep coming and flooding her inbox.
Task:Advice her in legal aspects that may arise out of this practise by the travel company.Advise her on both criminal and data protection aspects.
Solution:
Data Protection Principles involves:
Principle 4 (Disclosure of Personal Data)
Personal data shall not be disclosed without consent unless:
a)Is done for the purpose for which data was obtained
b)The person is a registered data user under the Act
Principle 3-Use of Personal Data
Personal data shall not be held without consent unless:
a)For the purpose to be used at the time of the collection of data
b)For the purpose directly related to (a)
Principle 8-Security of Personal Data
All practicable steps should be taken against unauthorized or accidental access,processing or erasure,alteration,disclosure or destruction of personal data and against accidental loss.
