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Keeping private pictures without consent Computer Crimes, Hacking

Discussion in 'Criminal Charges' started by Vijay, Sep 23, 2019.

  1. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I think I have perceived a misunderstanding. While an employer may take legal action, it may only be a civil action. A private person may not prosecute another in a criminal action, a role reserved for a district attorney who represents the state for a crime against the people.

    If the evidence is turned over to the district attorney, the office may investigate and determine that a crime has been committed. I doubt that can or will happen without the assistance of the victim since it would be important to ensure that, before charging the defendant and spending the time and money necessary to prosecute the alleged crime, the act occurred without consent of the victim.

    As to whether the employer might take legal action, the above applies. Unless there is some exceptional circumstance which we haven't heard, I would imagine that termination of the employee would be a more likely course of action than a legal demand and potential lawsuit for damages.
     
  2. mightymoose

    mightymoose Moderator

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    That depends on the jurisdiction.
    The action described here would be a misdemeanor here in California. I'm not certain how it would work in this case though, with the employer reporting the apparent invasion of privacy of another person.
    Certainly termination over employer policies is an option though.
     
  3. justblue

    justblue Well-Known Member

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    OP is not in Cali he is in Austria. That info is posted on page one of this thread.
     
  4. mightymoose

    mightymoose Moderator

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    Yes, I saw that, which is why I said it depends on the jurisdiction. It is not uncommon to have invasion of privacy laws that cover this sort of act.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Agreed - but none of those options actually involves legal action by the employer - perhaps by a district attorney or the victim.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Not legal action bu action, as in calling the police and reporting the crime.
     
    Michael Wechsler likes this.

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