ABSTRACT
This chapter examines four issues although they do overlap to an extent. The issues are: destroying data; inappropriate access to data; unlawful disclosure of data; and interception of data. The first type of behaviour to consider is that which relates to the destruction, disclosure or accessing of data. The common-law offence of misconduct in public office is not a true cybercrime, but in common with many other offences, can be used in respect of offences committed in cyberspace. The offence has increasingly been used to tackle data breaches. The key part of the offence is that the communication must be intercepted in the course of transmission. The interception can be unlawful for the purposes of civil liability. The interception of data is an issue that is specifically addressed by the Convention on Cybercrime. Intercepting a voicemail message on a mobile telephone is very different to intercepting a Voice over Internet Protocol communication.
