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Lecture No. 1a (Definitions of PECA)

The document defines important terms from the Prevention of Electronic Crimes Act (PECA) of 2016 in Pakistan. It defines terms such as "data", "information", "information system", "access", "damage", "interference", and "critical infrastructure". It also defines offenses, minors, and dishonest intention as they relate to cyber crimes as outlined in the PECA of 2016.

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98 views10 pages

Lecture No. 1a (Definitions of PECA)

The document defines important terms from the Prevention of Electronic Crimes Act (PECA) of 2016 in Pakistan. It defines terms such as "data", "information", "information system", "access", "damage", "interference", and "critical infrastructure". It also defines offenses, minors, and dishonest intention as they relate to cyber crimes as outlined in the PECA of 2016.

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CYBER LAWS

LECTURE NO. 1a:


IMPORTANT DEFINITIONS IN PECA,
2016
z
NAUMAN QAISER

ADVOCATE HIGH COURT


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PREVENTION OF ELECTRONIC
CRIMES (PECA) ACT, 2016
z Introduction
 The Prevention of Electronic Crimes Act (PECA) 2016 is a contentious legislation that provides the
primary mechanism for online content regulation and the investigation and prosecution of cyber offences
in Pakistan.

 As per the preamble of PECA, it was enacted to “make provisions for prevention of electronic crimes”
and “to prevent unauthorized acts with respect to the information systems and provide for related offences
as well as mechanism for their investigation, prosecution, trial and international cooperation with respect
thereof”

 It is applicable to every citizen of Pakistan wherever he may be and also to every other person for the
time being in Pakistan.

 It also apply to any act committed outside Pakistan by any person if the act constitutes an offence under
this Act and affects a person, property, information system or data located in Pakistan.

 PECA shall have effect not in derogation of the Pakistan Penal Code, 1860, the Code of Criminal
Procedure, 1898, the Qanoon-e-Shahadat, 1984, the Protection of Pakistan Act, 2014 and Investigation
for Fair Trial Act, 2013.
z
IMPORTANT DEFINITION IN THE
PECA, 2016
”Data” includes content data and Traffic data

"content data" means any representation of fact, information or concept for processing an
information system including source code or a program suitable to cause an information system to
perform a function;

"traffic data" includes data relating to a communication indicating its origin, destination, route,
time, size, duration or type of service;

"data demage" means alteration, deletion, deterioration . erasure. relocation, suppression of data or
making data temporarily or permanently unavailable;

"access to data" means gaining control or ability to use, copy, modify or delete any data held in or
generated by any device or information system;
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 "information" includes text, message, data, voice, sound, database, video, signals, software,
computer programmes, any forms of intelligence as defined under the Pakistan
Telecommunication (Reorganization) Act, 1996 (xv[ of 1996) and codes including object
c,)de and source code;

 "information system" means an electronic system for creating, generating, sending,


receiving, storing. reproducing. displaying, recording or processing any information,

 "access to an information system” means gaining control or ability to use any part or whole
of an information system whether or not through infringing any security measures.

 "damage to an information system" means any unauthorized change in the ordinary


working of an information system that impairs its performance, access, output or change in
location whether temporary or permanent and with or without causing any change in the
system;
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 "interference with information system or data" means and includes an


unauthorized act in relation to an information system or data that may disturb i1s
normal working or form with or without causing any actual damage to such system or
data;

 "unauthorized access" means access to an information system or data which is not


available for access by general public, without authorization or in violation of the
terms and conditions of the authorization;

 “unauthorized interception” shall mean in relation to an information system or data,


any interception without authorization
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 "device' includes.
a) Physical device or article
b) an electronic or virtual tool that is not in physical form;
c) a password, access code or similar data in electronic or other form, by which the
whole or any part of an information system is capable of being accessed; or
d) automated, self-executing, adaptive or autonomous devices, programs or
information systems;

"electronic" includes electrical, digital, magnetic, optical, biometric, electrochemical,


electromechanical, wireless or electron agnetic technology;
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 "critical infrastructure" means critical elements of infrastructure namely assets,
facilities, systems, networks or processes the loss or compromise of which could result
in
(a) major detrimental impact on the availability, integrity or delivery of essential services
including those services, whose integrity, if compromised, could result in significant Ioss of
life or casualties, taking into account significant economic or social impacts; or

(b) significant impact on national security, national defence, or the functioning of the state:
Provided that the Government may designate any private or Government infrastructure in
accordance with the objectives of sub-paragraphs (i) and (ii) above, as critical infrastructure
as may be prescribed under this Act;

"critical infrastructure informalion system or data" means an information system.


program or data that supports or performs a function with respect to a critical
infrastructure;
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 "offence" means an offence punishable under this Act except when committed by a
person under ten years of age or by a person above ten years of age and under fourteen
years of age, who has not attained sufficient maturity of understanding to judge the
nature and consequences of his conduct on that occasion;

 "minor" means, notwithstanding anything contained in any other law, any person who
has not completed the age of eighteen years;

 "dishonest intention'' means intention to cause injury, wrongful gain or wrongful loss
or harm to any person or to create hatred or incitement to violence;
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 THANKS

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