Cyber Security and Data Protection 5 shall be guilty of hacking and liable— (c) in any of the aggravating circumstances described in section 13 to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years or both such fine and such imprisonment; (d) in any other case, to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 10 15 20 25 (2) For the purposes of this section “secure access” includes— (a) to obtain, to make use of, gain entry into, view, display, instruct or communicate with, or store data in or retrieve data from; (b) to copy, move, add, change or remove data, critical data or a critical database, or otherwise to make use of, configure or reconfigure any resources of a computer device, a computer network, a database, a critical database, an electronic communications network, a critical information infrastructure, whether in whole or in part, including their logical, arithmetical, memory, access codes, transmission, data storage, processor or memory function, whether physical, virtual, by direct or indirect means or by electronic, magnetic, audio, optical or any other means; “suspect”, in relation to suspecting something to be the case, means to realise that there is a real risk of possibility that something is the case. 163A Unlawful acquisition of data 40 (1) Any person who unlawfully and intentionally— (a) intercepts by technical or any other means any private transmission of computer data to, from or within a computer network, computer device, database or information system or electromagnetic emissions from a computer or information system carrying such computer data; (b) overcomes or circumvents any protective security measure intended to prevent access to data; and (c) acquires data within a computer system or data which is transmitted to or from a computer system; shall be guilty of unlawful acquisition of data and shall be liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 45 (2) Any person who unlawfully and intentionally possesses data knowing that such data was acquired unlawfully shall be guilty of unlawful possession of data and liable to a fine not exceeding level 14 or to imprisonment not exceeding five years or to both such fine and such imprisonment. 30 35 (3) For the purposes of this section “acquire” includes to use, examine, capture, copy, move to a different location or divert data to a destination other than its intended location. 21