Moved by
Lord Marks of Henley-on-Thames
106A: After Clause 31, insert the following new Clause—
“Public interest defence to Computer Misuse Offence
In the Computer Misuse Act 1990, after section 1(2) insert—
“(2A) Subsection (1) does not apply to a person who shows—
(a) that the conduct which would otherwise be an offence under subsection (1)—
(i) was necessary for the purpose of preventing or detecting crime, or
(ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court;
(b) that he acted in the reasonable belief that he had in law the right to carry out that conduct;
(c) that he acted in the reasonable belief that he had relevant authority;
(d) that he acted in the reasonable belief that in the particular circumstances the conduct was justified as being in the public interest; or
(e) that in the particular circumstances the conduct was justified as being in the public interest.””