Email Surreptitiously Accessed

[GreenBoy]

My ex, during our separation accessed my email account without permission and forwarded a tranche of emails to her own account without permission. There are sensitive details contained in the emails and recently I've had the new partner accost me, threatening to post the email to the internet and ensure they find their way to my elderly parents. Legally, is there a position here. Is it a legal or a civil matter.

 

[Thirsty]

What a charmer.

You haven't said if this person is trying to extort money or other compliance? If they are then attempted extortion is an offence.

Make a written report to Gardai of illegal computer hacking (and extortion if that is relevant); I doubt they'll do anything but you have documented evidence of a report being made.

If personal data is released it is an offence under GDPR; that legislation has more teeth, but it will take a long time to prosecute.

In the meantime, consider if you are able to discuss / disclose to your parents; that removes a major element of this threat. But that's a decision only you can make.

 

[NoRegretsCoyote]

during our separation accessed my email account without permission and forwarded a tranche of emails to her own account without permission.

Very difficult to prove that this was an illegal hack, or indeed without permission. Married couples send each other emails all the time. People have lots of unlocked devices at home.

AGS will almost certainly not investigate an allegation of illegal hacking but strategically it might be better to make a criminal complaint as @Thirsty says. AGS will take allegations of extortion -particularly if there is a paper trail - much more seriously.

 

[Baby boomer]

You need to go heavy on this. It's actually a fairly straightforward criminal matter. Section 5 of the Criminal Damage Act, 1991, deals with this sort of thing.

5.—(1) A person who without lawful excuse operates a computer—

(a) within the State with intent to access any data kept either within or outside the State, or

(b) outside the State with intent to access any data kept within the State,

shall, whether or not he accesses any data, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or imprisonment for a term not exceeding 3 months or both.

(2) Subsection (1) applies whether or not the person intended to access any particular data or any particular category of data or data kept by any particular person.

Bring a printout of the Act along to your local Garda Station and make a formal complaint and ask for the matter to be investigated. You will need to make a statement saying that you didn't give permission for the emails to be accessed and forwarded.

Also talk to your solicitor about a civil remedy. (Presumably you have already engaged one to deal with separation/divorce issues?) Ideally your solicitor should write demanding deletion of all copies, an undertaking to refrain from further unlawful access and compensation for the unlawful access, breach of privacy rights and GDPR violations. An injunction should be threatened if this isn't acceded to.

Doing this will also strategically bolster your position in any family law proceedings and put her firmly on the back foot.

 

[Thirsty]

bolster your position in any family law proceedings

It's not clear if OPs divorce / separation is a completed matter or not.

If it is a completed matter then it's a moot point.

If its not a completed matter; my opinion is that, for the reasons @NoRegretsCoyote points out, its unlikely any action would be taken by AGS.

I would still file a report and let the parties in question know I had done so, it might soften their cough.

In general the behaviour of either party during a marriage is not brought to bear in settlement issues, unless it would be considered grossly unjust to do so. In the broadest terms, you'd be looking at domestic violence, documented use of illegal drugs, custodial sentences etc.

Before taking the action @Baby boomer recommends, the OP needs to consider if they wish the sensitive information to end up on AGS / legal files.

 

[cremeegg]

In the meantime, consider if you are able to discuss / disclose to your parents; that removes a major element of this threat. But that's a decision only you can make.

+1

 

[Baby boomer]

It's not clear if OPs divorce / separation is a completed matter or not.

If it is a completed matter then it's a moot point.

True. Unlikely, though that matters have been resolved through to divorce at this point.

If its not a completed matter; my opinion is that, for the reasons @NoRegretsCoyote points out, its unlikely any action would be taken by AGS.

I would respectfully disagree. It's a clear breach of a criminal law. AGS has a duty to investigate if a credible complaint is reported. They might be lacking in enthusiasm but that's a different matter.

I would still file a report and let the parties in question know I had done so, it might soften their cough.

Indeed it should. Sends a message you won't be pushed around. Very important.

In general the behaviour of either party during a marriage is not brought to bear in settlement issues, unless it would be considered grossly unjust to do so. In the broadest terms, you'd be looking at domestic violence, documented use of illegal drugs, custodial sentences etc.

In theory, you're absolutely correct. However, it will have a distinct "cough-softening" effect and will put her on the back foot. Will also mean that a judge will probably take an unfavorable view of her conduct in general, and might swing a close call the OP's way on some issue.

Before taking the action @Baby boomer recommends, the OP needs to consider if they wish the sensitive information to end up on AGS / legal files.

Yes, but that's better than in the hands of an obviously unscrupulous ex!

 

[time to plan]

You don't need to know what law has been broken, whether it relates to accessing the email account, or threats / extortion / blackmail. Go the the Gardai with the facts and any evidence. It would be handy if you had any threats in writing or recorded - I believe it is legal in Ireland for one party to a conversation to record the conversation without the other party knowing.

 

[Horatio]

Agreed, the extortion piece if provable reads as far more serious to me than the accessing email. If you can prove the extortion then the proof of unauthorized accessing may come along for free.

 

[ClubMan]

My ex, during our separation accessed my email account without permission

How did they have access to your login credentials?

 

[DirectDevil]

Blackmail/extortion/demanding money with menaces constitute a criminal offence under the criminal Justice Public Order Act 1994 section 17

Criminal Justice (Public Order) Act, 1994, Section 17

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