Data Interference
What South African law says about intentionally and unlawfully interfering with data or computer programs.
The short version
Section 5 makes it an offence to unlawfully and intentionally interfere with data or a computer program.
The Act specifically describes interference as conduct that can permanently or temporarily delete, alter, damage, impair, obstruct or deny access to data or a computer program.
What does "interfere" mean?
Section 5 covers more than simply destroying information. The definition includes several forms of conduct that affect the availability, usability or integrity of data or computer programs.
Deleting data
Unlawfully deleting data or a computer program can fall within the section 5 definition of interference.
Altering data
Unauthorised changes to data or a computer program can also constitute interference.
Making data unusable
The Act includes conduct that makes data or a computer program meaningless, useless or ineffective.
Blocking legitimate use
Obstructing, interrupting or interfering with the lawful use of data or a computer program, or denying access to it, can fall within the definition.
Temporary interference can still matter
The Act expressly includes conduct that happens permanently or temporarily. An action therefore does not necessarily have to destroy data forever before section 5 becomes relevant.
Data interference vs system interference
Sections 5 and 6 are related but focus on different things. Section 5 focuses on data or computer programs, while section 6 addresses interference with a computer data storage medium or computer system.
Not every change is automatically unlawful
Section 5 concerns conduct that is both unlawful and intentional. Legitimate administration, maintenance, authorised testing and ordinary use of systems should not be treated as automatically criminal simply because data or software is changed.
Official source
This page is based on section 5 of the Cybercrimes Act 19 of 2020.
Read the Cybercrimes Act on justice.gov.zaCyber Conduct provides general educational information, not legal advice. The application of the law depends on the facts of an individual situation.