CPA Bulletin

www.cpa.uk.net CPA Bulletin > May 2023 47 LEGAL: 3 Due to the ongoing threat to the UK’s businesses from breaches to cybersecurity and online crimes from criminal gangs, the Government is looking to update the 30-year old Computer Misuse Act (CMA). The Home Office proposes three main changes to the CMA: 1) The law enforcement agencies - National Crime Agency (NCA), Police, Serious Fraud Office (SFO) and HM Revenue and Customs (HMRC) - will be able to take control of website domains and IP addresses which criminals are using for fraudulent or other criminal purposes. This power will also lie with public authorities, who will also be able to prevent the creation of domains that are suspected or predicted to be for criminal purposes. 2) Offences and sanctions imposed will be strengthened, with the possible introduction of a general offence for ‘possessing or using illegally obtained data’ rather than the current offence of ‘unauthorised access to or modification of the data’. Currently, the maximum sanction a court can impose under the CMA for ‘data copying only’ is up to two years imprisonment. 3) Law enforcement agencies would require data owners or individuals who are in control of the data, to preserve it in an unaltered state so that it is available for law enforcement investigations. Should a particular law enforcement agency believe that the data is pertinent to an ongoing investigation, then that agency would need a court order before that data could be ‘seized’. This power would apply to any data relating to any offence. Members will be updated of any further developments. Redundancy Payments From 6th April, the Government had increased the maximum redundancy payment for a ‘week’s pay’ from £571 to £643. The higher than normal increase, as compared to previous years, is that the government uses the Retail Price Index (RPI) which determines what the new year’s rate will be. CPA’s Employment Reference Document ( ERD ) The latest version of the CPA’s Employment Reference Document (ERD) - April 2023 - can be downloaded by Members from the website at www.cpa.uk.net/legal-insurance-plant-theft/legal/ employment. Travelling and Subsistence Letter There were no changes to HMRC’s mileage allowance announced in the Chancellor’s Budget, and HMRC has not announced any changes to the subsistence rate. A letter confirming these non-changes can be found on the CPA’s website at www.cpa.uk.net/legal-insurance-plant-theft/legal/ employment. ComputerMisuse Act 1990 - Update