Should the Law of Theft Extend to Information?

Abstract

This article discusses whether the criminal offence of theft should extend to include information or should remain limited to corporeal property. It considers the inherent problems in satisfying the requisite elements of the offence of theft in both Scots law and English law and assesses whether information is classifiable as property for the purposes of theft. The arguments for and against the proposition that information should be capable of being stolen are examined and a case for more comprehensive protection of information through criminal law is put forward. The article finally comments on the probability of legislative reform to remove the legal obstacles and compares the UK position to that of other jurisdictions.