Cyber and Data Protection Act, 2021
Zimbabwe
communications network or critical information infrastructure shall be guilty of unlawful
interference with computer or information system and liable to a fine not exceeding level 14 or to
imprisonment not exceeding ten years or to both such fine and such imprisonment.
(2)
Any person who contravenes subsection (1) in any of the aggravating circumstances described in
section 13 is liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding
twenty years or to both such fine and such imprisonment.
163D. Unlawful disclosure of data code
(1)
Any person who unlawfully and intentionally—
(a)
communicates, discloses or transmits any computer data, programme, access code or
command or any other means of gaining access to any programme or data held in a
computer or information system to any person not authorised to access the computer data,
programme, code or command for any purpose;
(b)
activates or installs or downloads a programme that is designed to create, destroy, mutilate,
remove or modify any data, programme or other form of information existing within or
outside a computer or computer system; or
(c)
creates, alters or destroys a password, personal identification number, code or any method
used to access a computer or computer network;
shall be guilty of an offence and liable to a fine not exceeding level 12 or imprisonment for a period
not exceeding ten years or both such fine and such imprisonment.
(2)
A person shall not be liable under this section if the action is—
(a)
pursuant to measures that can be taken in terms of section 39; or
(b)
authorised under the law.
(3)
Where an offence under this section is committed in relation to data that forms part of a database
or that involves national security or the provision of an essential service, the penalty shall be
imprisonment for a period not exceeding ten years.
(4)
For the purposes of this section, it is immaterial whether the intended effect of the illegal
interference is permanent or merely temporary.
163E. Unlawful use of data or devices
(1)
Any person who unlawfully and intentionally acquires, possesses, produces, sells, procures for
use, imports, distributes, supplies, uses or makes available an access code, password, a computer
programme designed or adapted for the purpose of committing an offence or similar data or device
by which the whole or any part of a computer or information system is capable of being accessed,
for purposes of the commission or attempted commission of an offence in terms of this Act, shall
be guilty of an offence and liable to a fine not exceeding level 12 or imprisonment for a period not
exceeding ten years or both such fine and such imprisonment.
(2)
Any person who unlawfully and intentionally assembles, obtains, sells, purchases, possesses, makes
available, advertises or uses malicious software, programmes or devices for purposes of causing
damage to data, computer or information systems and networks, electronic communications
networks, critical information infrastructure or computer devices shall be guilty of an offence and
liable to a fine not exceeding level 10 or imprisonment for a period not exceeding five years or both
such fine and such imprisonment.
(3)
Any person who contravenes this section in any of the aggravating circumstances described in
section 13 shall be liable to a fine not exceeding level 12 or imprisonment for a period not exceeding
ten years or to both such fine and such imprisonment.
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