Malta is slowly establishing itself as one of the leading hubs for ICT companies as it continues to attract a growing number of household IT names to our shores. Eager to maintain the island’s repute in this regard, strong legal measures were introduced to protect against any form of computer abuse, including hacking, phishing or piracy.
Subtitle V of the Criminal Code contains a number of criminal sanctions for mishandling and misuse of computer systems. These cover:
- Unlawful use or access of information ranging from simple techniques such as using someone else’s password without authorisation to more complex measures such as aggressive techniques intended to prevent or hinder access to any data, software or the operation of any system; and
- Misuse of hardware such as by modification, taking possession, damaging or destroying of computer equipment that are used or intended to be used in a computer, computer system or computer network.
Criminal sanctions for hackers and for their accomplices in these cases could be quite severe, with the maximum penalty set at a fine of EUR 116,468.76 and imprisonment for a maximum period of 10 years.
An interesting provision in the Criminal Code deals with offences committed outside Malta. If any act is committed outside Malta which, had it been committed in Malta would have constituted an offence against the provisions of the Computer Misuse provisions, it shall – if the commission affects any computer, software, data or supporting documentation which is situated in Malta or is in any way linked or connected to a computer in Malta – be deemed to have been committed in Malta. |
