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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had someone recover all my data from the hard drive when

Resolved Question:

I had someone recover all my data from the hard drive when my PC died. I have subsequently discovered that he copied several of my photos of my children (under 16 years old) that were on that hard drive without my knowledge and passed it on to a third party.
Has he committed any crime and/or is there a civil action I can take?
Thank you,
Kevin
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you reported to the Police at all please?

Customer:

No, I haven't

Customer:

Hi Alex, are you still there?

Alex Watts :

I am yes.

Customer:

You asked if I had reported the matter to the police. I haven't yet - has he potentially committed any crime?

Alex Watts :

Let me look something up

Customer:

ok - I'll make a cup of coffee....

Alex Watts :

Hello I have looked and it may be an offence under the Mis-use of Computers Act

Alex Watts :

Further it will be a breach of the Data Protection Act

Alex Watts :

You can take civil action against the supplier

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think that is fine for now - many thanks.

Ash and other Law Specialists are ready to help you