A year ago, son, 33 & Brittany, 32, were involved in an ATV accid. Both had cuts/bruises & Brittany had broken toe. They had to go off-road to keep from hitting a stopped flatbed truck in middle of road. Brittany is now suing for injuries/med.bills. More recently, Son broke up with current girlfriend, Jenn. Son discovered that Jenn had logged onto his IPAD (which has a code) and sent private infor. re. the ATV accident, (pictures, ltrs. from son's insur. co. etc.) to her own computer. Then Jenn emailed infor. to Brittany, informing Brittany of the insurance company's strategy, etc!!! Can son go after Jenn for stealing private information involving a lawsuit? Also, is there a way to find out exactly what she forwarded? He checked all SENT/DELETED folders, etc. She left no trail.
DUI / DWI Attorney
You have to be able to prove damages in order to sue.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Family Law Attorney
What was the harm? It does not sound like there is any harm.
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Ethics / Professional Responsibility Lawyer
If Jenn broke into an iPad then there is the potential for criminal charges. Son should go to the police. The police might be able to find out what was forwarded.
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If she did this then she might have committed a crime. Many states have criminal laws against unauthorized access to a computer that make it illegal to access someone's computer without that person's permission. It most cases it is a crime even if there was no harm to the person whose computer was accessed.
In Georgia, section 16-9-93(b) creates the crime of computer trespass. Section 16-9-93(c) creates the crime of computer invasion of privacy. The second might apply in this case. 16-9-93(c) provides that
"Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy."
The punishment for violating these sections can be severe. Section 16-9-93(h)(1) provides that
"Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both."
All in all, you should consult with a competent attorney in your area before taking any action. You should also not use the computer any more until you've decided whether to file a criminal complaint or not because the more you use it the harder it will be for a computer forensics expert to track down what was done.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com