Exbf invades privacy

[poetp98]

I let an exbf take my laptop to fix the monitor and video card (he had permission). One day, he got mad at me and decided he'd rather go through my files (he did not have permission for this). He went into my computer and looked through MSN logs and my saved letters on my AOL filing cabinet (things not password protected). He took names of people that I am friends with and began contacting them telling them I was a liar and sharing personal information with them that he had obtained from the laptop (not financial). My friends are being harassed by my exbf now and so am I! He won't stop texting me and creates new screen names to tell me off no matter how many names I block. He's got his friends now talking to me so they can "study" me. Is his invasion into my personal files on the laptop something that is actionable? I am in the state of FL.

Thanks for any help!!!!!!!!!!!!!!!!!!!!!

 

[Michael Wechsler]

Sorry to hear about the problem! So many "ex" issues...

The easiest thing might be to tell him that you're going to go to the police and report a theft of personal property -- the potential for criminal charges for trespass and theft/larceny. There might be a potential identity theft issue here as well and you may want to change all your private numbers as well, especially financial issues. I'd say that warning him may be the best way to get the desired effects.

Florida apparently does have an "Invasion of Privacy" statute which may apply here although it does have requirements. There are four kinds of violations:

1. intrusion upon a person's seclusion or solitude;

2. appropriation of a person's name or likeness;

3. public disclosures of embarrassing private facts; and

4. publicity which places a person in a false light.

Here is a great article from the Florida Bar Association web site. It gives you a complete understanding of this law including history -- in short, this cause of action is a recent creation in American law, dealing with the repercussions of all kinds of "surveillance" technology that has sprung forth in recent decades. In essence, there is a 2 step process to determine liability:

"First, has the tort been committed -- that is, has the newsgathering or publishing process violated certain legal principles which protect the individual?

Second, even if there is a technical invasion of privacy, is the press "privileged" under the First Amendment? Just as in libel cases, there may be a sort of "constitutional excuse" granting immunity for some articles or broadcasts which otherwise might lead to damage awards."

That should get you started. But honestly, if you have any relationship with the ex-B which it seems you do, perhaps it's best to explain to him that you know your rights and if it doesn't stop you will have no choice but to go for the jugular and he will lose. He stole your private property and his postings expose him to liability for him under Florida law. Dazzle him with your knowledge. Good luck.

I let an exbf take my laptop to fix the monitor and video card (he had permission). One day, he got mad at me and decided he'd rather go through my files (he did not have permission for this). He went into my computer and looked through MSN logs and my saved letters on my AOL filing cabinet (things not password protected). He took names of people that I am friends with and began contacting them telling them I was a liar and sharing personal information with them that he had obtained from the laptop (not financial). My friends are being harassed by my exbf now and so am I! He won't stop texting me and creates new screen names to tell me off no matter how many names I block. He's got his friends now talking to me so they can "study" me. Is his invasion into my personal files on the laptop something that is actionable? I am in the state of FL.

Thanks for any help!!!!!!!!!!!!!!!!!!!!!

 

[seniorjudge]

Sounds like a good stalking case to me.

The judge, however, is going to wonder why you gave him the computer to begin with.

That lowers your credibility; it does NOT make his actions right, but it doesn't help you either.

 

[poetp98]

Sorry to hear about the problem! So many "ex" issues...

The easiest thing might be to tell him that you're going to go to the police and report a theft of personal property -- the potential for criminal charges for trespass and theft/larceny. There might be a potential identity theft issue here as well and you may want to change all your private numbers as well, especially financial issues. I'd say that warning him may be the best way to get the desired effects.

Florida apparently does have an "Invasion of Privacy" statute which may apply here although it does have requirements. There are four kinds of violations:

1. intrusion upon a person's seclusion or solitude;

2. appropriation of a person's name or likeness;

3. public disclosures of embarrassing private facts; and

4. publicity which places a person in a false light.

Here is a great article from the Florida Bar Association web site. It gives you a complete understanding of this law including history -- in short, this cause of action is a recent creation in American law, dealing with the repercussions of all kinds of "surveillance" technology that has sprung forth in recent decades. In essence, there is a 2 step process to determine liability:

"First, has the tort been committed -- that is, has the newsgathering or publishing process violated certain legal principles which protect the individual?

Second, even if there is a technical invasion of privacy, is the press "privileged" under the First Amendment? Just as in libel cases, there may be a sort of "constitutional excuse" granting immunity for some articles or broadcasts which otherwise might lead to damage awards."

That should get you started. But honestly, if you have any relationship with the ex-B which it seems you do, perhaps it's best to explain to him that you know your rights and if it doesn't stop you will have no choice but to go for the jugular and he will lose. He stole your private property and his postings expose him to liability for him under Florida law. Dazzle him with your knowledge. Good luck.

You are very sweet to answer, thanks! I did file a report at the police station; however, they said that because he did not threaten me that there wasn't anything they could do. They really didn't pay much attention to the computer aspect. At least I was able to get my laptop back. It just isn't right that he keeps lording over me this information he obtained from it. The person he shared the information with seems to be on a mission to contact everyone the ex found on it. The ex claims he told the person to stop, but no one has control over someone else....especially when revenge is involved. I'd say aspect #3 was the violation and he claims to have investigated online if he violated anything and didn't come up with anything (plus, he talked to a Texas lawyer - even though we're in FL). Here's hoping your statues and my informing him about the attorney will scare him into pleading with his accomplises to end it all.

 

[poetp98]

Sounds like a good stalking case to me.

The judge, however, is going to wonder why you gave him the computer to begin with.

That lowers your credibility; it does NOT make his actions right, but it doesn't help you either.

We were friends originally, but that ended when I let him know I didn't want to date him anymore. That caused him to go nuts and start exploring every aspect of me. He did give the computer back, so I do have that at least.

I'm going to seek out some legal opinions since I heard this does fall under the cateogry of the FL Invasion of Privacy statue.

Thanks!

 

[seniorjudge]

Keep us updated.