Group
Subdivision

084 Unlawful access to information or systems

Latest release
Australian and New Zealand Standard Offence Classification (ANZSOC)
Reference period
2023

Description

Unlawful access to information or systems includes unauthorised access, modification or impairment of data and electronic communication. 

0841 Privacy offences

Privacy offences are actions that invade the privacy of a person or organisation, where the offence does not involve fraud, property damage, a sexual offence, stalking, or threat to government security. The invasion of privacy may occur through unlawful access to a digital system, a physical space, or use of technologies that capture or transmit data.

Inclusions:

  • Breach legislation related to unsolicited “spam” messages
  • Breach regulatory privacy offences, such as relating to storage of personal information
  • Misuse of personal data, including in a person’s place of employment, such as unlawful use of records by workers in healthcare or justice organisations
  • Personal data leaks or spillages
  • Theft of personal data by any means and in any format, including cybersecurity offences
  • Trading in personal information
  • Unlawful use of artificial intelligence to breach privacy
  • Unlawfully taking, opening, or reading someone else’s mail
  • Use of drones or other technologies for unlawful recording or filming of people or places, excluding stalking and voyeurism offences 
  • Other privacy offences

Exclusions:

  • Enter or remain on land or premises without consent of owner – coded to 1221 Trespass
  • Corporate or industrial espionage – coded to 0891 Intellectual property offences
  • Espionage against government – coded to 1519 Offences against national security, nec
  • Modifying or deleting data, information, or files – coded to 0842 Unlawful harm to a digital system
  • Voyeurism and “peeping” offences – coded to 0399 Sexual offences, nec  
  • Stalking behaviours such as unlawfully tracking a person – coded to 0441 Stalking

0842 Unlawful harm to a digital system

A digital or computer system includes any technologies that use, create, or transmit data in any form. It includes individual and networked devices, computers, utilities, communications infrastructure, and other technologies. Harm includes any action that disrupts, damages, distorts, or otherwise has a negative impact on the system, use of the system, or any data within the system.

Inclusions:

  • Create or intentionally distribute malware, other than for financial gain
  • Damage or destroy data
  • Denial of service attacks
  • Hack digitally connected utilities with intent to disrupt
  • Hacking offences, excluding theft or use of personal data
  • Unauthorised modification or impairment of data held in computer or electronic communication
  • Unlawful harm to a digital system not elsewhere classified
  • Unlawful modification or destruction of data, information, or files

Exclusions:

  • Breach legislation related to unsolicited “spam” messages, not involving hacking – coded to 0841 Privacy offences
  • Creation or use of ransomware for extortion – coded to 0520 Blackmail or other extortion
  • Creation or use of software as part of an online scam – coded to 0812 Online scams
  • Physical damage to hardware – coded to the relevant groups within 11 Property damage
  • Robbery or theft of hardware – coded to the relevant groups within 051 Robbery, 06 Burglary, and 07 Theft
  • Theft of intellectual property – coded to 0891 Intellectual property offences 
  • Theft or misuse of personal data – coded to 0841 Privacy offences

0849 Unlawful access to information or systems, nec

This group is for other offences involving unlawful access to information or systems that are not elsewhere classified.

Inclusions:

  • Other unlawful access to information or systems not elsewhere classified

Exclusions:

  • Access child abuse material – coded to 0342 Possess or access child abuse material
  • Use of digital networks for government espionage – coded to 1519 Offences against national security, nec
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