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TUCoPS :: Cyber Law :: ghana.txt

A proposed computer crime law in Ghana





Here is the text of a proposed computer crime law in Ghana.  Please note that
this law is only proposed.  It has not yet been adopted.

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Ghana Computer Crime Law (Proposed)
Computer Crime Law

In pursuance of the Provisional National Defense Council
(Establishment) Proclamation 1981, this Law is hereby made:

1.   Any person who, with intent to defraud,
     (a)  alters, damages, destroys or otherwise manipulates data
          or program stored in or used in connection with a
          computer, or
     (b)  obtains by any means, information stored in a computer
          and uses it to his advantage or to another person's
          advantage to the disadvantage of any other person, or
     (c)  uses a computer
commits an offense.
Charge:   Computer-related fraud.

ALTERNATIVE:
     (1)  A person commits an offense if that person obtains access
          to a computer program or data, whether stored in or used
          in connection with a computer or to a part of such
          program or data to erase or otherwise alter the program
          or data with the intention-
          1.   (a)  of procuring an advantage for himself or
               another person: or
               (b)  of damaging another person's interests.

2.   Any person who, by any means, without authority, wilfully
     destroys, damages, injures, alters or renders ineffective data
     stored in or used in connection with a computer commits an
     offense.
Charge:   Damaging Computer data.

3.   Any person who, without authority, knowingly uses a computer
     commits and offense.
Charge:   Unauthorized use of a computer.

4.   Any person who, without authority, knowingly gains access to
     a computer, computer network, or any part thereof commits an
     offense.
Charge:   Unauthorized access to a computer.

5.   Any person who, knowingly and dishonestly introduces, records
     or stores, or causes to be recorded, stored or introduced into
     a computer or computer network by any means, false or
     misleading information as data commits an offense.
Charge:   Insertion of false information as data.

ALTERNATIVE:
     (5)  A person commits an offense if, not having authority to
          obtain access to a computer program or data, whether
          stored in or used in connection with a computer, or to a
          part of such program or data, he obtains such
          unauthorized access and damages another person's
          interests by recklessly adding to, erasing or otherwise
          altering the program or the data.

6.   Any person under a contractual or other duty to introduce,
     record or store authorised data into a computer network, who
     negligently or dishonestly fails to introduce, record or
     store, commits an offense.
Charge:   Omission to introduce, record or store data.

ALTERNATIVE
     (6)  Any person under a contractual or other duty to
          introduce, record or store data into a computer or
          computer network who negligently or dishonestly fails to
          introduce, record or store, commits an offense.

7.   Any authorised person who willfully or intentionally allows
     information from a computer to get into the hands of an
     unauthorised person who uses such information to his advantage
     commits an offense.
Charge:   Allowing unauthorised person to use computer data.

8.   A person guilty of an offense under this Law shall be liable:-
     (a)  on summary conviction, to imprisonment for a term not
          exceeding two years or to a fine not exceeding the
          statutory maximum or both; or
     (b)  on conviction on indictment, to imprisonment for a term
          not exceeding ten years or to an unlimited fine, or both.

9.   A court in Ghana shall have jurisdiction to entertain
     proceedings for an offense under this Law, if at the time the
     offense was committed:-
     (a)  the accused was in Ghana; or
     (b)  the program or the data in relation to which the offence
          was committed was stored in or used with a computer or
          computer network in Ghana.

10.  In this Law, unless the context otherwise requires:-
     "access" includes to log unto, instruct, store data or
     programs in, retrieve data or programs from, or otherwise
     communicate with a computer, or gain access to (whether
     directly or with the aid of any device) any data or program.
     "computer" includes any device which is capable of performing
     logical, arithmetical, classifactory, mnemonic, storage or
     other like functions by means of optical, electronic or
     magnetic signals.
     "Computer network" includes the interconnection of two or more
     computers, whether geographically separated or in close
     proximity or the interconnection of communication systems with
     a computer through terminals, whether remote or local.
     "Computer program" includes an instruction or statement or
     series of instructions or statements capable of causing a
     computer to indicate, perform, or achieve any function.
     "data" includes a representation in any form whether tangible
     or intangible that is capable of being stored in or retrieved
     by a computer.

                      *(END GHANA PROPOSED LAW)*


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