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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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If someone has taken my ipad with the intention of hacking

Customer Question

If someone has taken my ipad with the intention of hacking into my emails and then forwarded them to their own email , one which contained a very private photo do I have any legal protection . I have asked them to delete this but they are ignoring me . I have said that if it is forwarded to anyone I will seek legal advice .
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why does she have your ipad at all?
Customer: replied 2 years ago.

well its was my ex husband we live apart recently separated , he came round to discuss things and used bathroom , my ipad was on my bedside table , so he obviously went into my room , while up there he went into it and found this sensitive information.

Don't get me wrong am not proud of this but fact is he took this went into my personal information and then forwarded this to his own email is wrong , he is now ignoring my requests to delete this.

thank you

Expert:  Jo C. replied 2 years ago.
I see. He hasn't removed the IPAD.
What is the nature of the photo? Does it show anything unlawful?
Customer: replied 2 years ago.

No didn't take the pad sorry should have made that clear .

No it was a private video clip of me (sorry this is embarrassing) pleasuring myself , I know this was a stupid thing to do and I should have deleted this but this was in my private possession . I hope he will have common decency to know that this is not something to show around but I want him to delete it

Expert:  Jo C. replied 2 years ago.
At least that isn't something he can take to the police then.
Sending an email to himself does amount to an offence under the Computer Misuse Act. it is fair to say that it isn't a very serious offence but it is an offence nevertheless.
The question really will be whether it can be proven. The risk is that he will start saying that you emailed it to him and it is always impossible in this situation to prove who was the sender.
If he does start sending it to others then there are malicious communication offences but obviously he hasn't done that yet.
You can also seek an injunction forcing him to delete it but then you have a similar provenance problem and costs to risk. I wouldn't suggest that at this stage.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

ok thank you for that at least I have something to go back to him on . thank you again

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 2 years ago.

Thank you so much I just want to move on and get on with my life.

Thanks again

Anne

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
Customer: replied 2 years ago.

For Jo C

sorry to bother you again but further to your advice earlier I have spoken to my ex husband who has said that If I go near him and do not go back up North ( where I am from ) or the recipient goes near him he will send the email to all our family , he said he will not delete it . Surely this is tantamount to blackmail .

thank you Anne

Expert:  Jo C. replied 2 years ago.
No. It doesn't make a financial demand so it doesn't amount to blackmail.
There might be communication offences maybe but nothing of a more serious nature than the original offence.
If he does send it to family members then there would be a malicious communication offence but they would have to give evidence although usually that can be achieved.
I am happy to continue with this but please leave feedback for my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

ok thank you I will keep you updated

Anne

Expert:  Jo C. replied 2 years ago.
No problem.