Cyber Security and Data Protection 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; 5 10 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 or such imprisonment. 15 is— (2) A person shall not be liable under this section if the action (a) pursuant to measures that can be taken in terms of section 39; or (b) authorised under the law. 20 (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. 25 (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 30 35 40 45 (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 or 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. 23