South Australian Current Acts South Australian Current Acts86C—Meaning of unauthorised access to or modification of computer data
(1) Access to, or
modification of, computer data is unauthorised unless it is done or made by
the owner of the data or some other person who has an authorisation or licence
(express or implied) from the owner of the data to have access or to make the
modification.
(2) A person is to be
regarded as the owner of computer data if—
(a) the
person brought the data into existence or stored the data in the computer for
his or her own purposes; or
(b) the
data was brought into existence or stored in the computer at the request or on
behalf of that person; or
(c) the
person has a proprietary interest in, or possessory rights over, the medium in
which the computer data is stored entitling the person to determine what data
is stored in the medium and in what form.
(3) For the purposes
of an offence against this Part, the onus of establishing that access to, or
modification of, computer data was unauthorised lies on the prosecution.