Cyber and Data Protection Act, 2021 Zimbabwe "service provider" means— (a) any person that provides to users of its service the ability to communicate by means of information communication technology systems, and (b) any person that processes or stores information and communications data on behalf of such communications service or users of such service; and includes— (c) access, caching and hosting provider; "system" means an arrangement of data or one or more programmes which, when executed, performs a function; "traffic data" means data relating to a communication by means of an information communications system or generated by an information communications system that forms a part of the chain of communications indicating the communication’s origin, destination, route, format, time, date, size, duration or type of the underlying service. (2) The principal Act is amended by the repeal of sections 163 to 166 and the substitution of the following— "PART I - Offences relating to computer systems, computer data, data storage mediums, data codes and devices 163. Hacking (1) A person who— (a) knowing or suspecting that he or she must obtain prior authority to access the data, computer programme, computer data storage medium, or the whole or any part of a computer system in question; and (b) intentionally, unlawfully and without such authority, secures access to such data, programme, medium or system; shall be guilty of hacking and liable— (2) (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. 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. 163A. Unlawful acquisition of data By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17

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