Hello my name is ***** ***** I will help you with this.
Please clarify what you mean by stolen? What the account hacked please?
Yes the account would appear to have been hacked. The 'evidence' looks like photos have been taken or printed from my wifes instagram account.
In that case it needs to be reported to the Police. Hacking is illegal and could well be an offence under the Misuse of Computers Act 1990
So report it to the Police who can investigate and prosecute where necessary.
Once you have a conviction it would then be easier to take civil action against the person concerned and sue for loss and damage.
But the first port of call if the Police
Can I clarify anything for you about this today please?
The police have already said that instagram is 'public domain' so won't get involved. Do we have to prove that the account has been hacked?
Let me just get the wording of the Act
(1)A person is guilty of an offence if—
(a)he causes a computer to perform any function with intent to secure access to any program or data held in any computer [F1, or to enable any such access to be secured]F1 ;
(b)the access he intends to secure [F2, or to enable to be secured,]F2 is unauthorised; and
(c)he knows at the time when he causes the computer to perform the function that that is the case.
So yes, he would need to hack it.
If the images were just copied and it was in the public domain you can not stop that.
For example if someone does not have the correct privacy settings on Facebook, you can't stop them copying and distributing the images.
But if someone hacked into the account and stole the images, that would be an offence
Does that help?
So do we have to prove that the account was set to 'private'?
Yes you would do sadly. Even if you went down the civil route.
The burden would be on you to show it was hacked, rather than generally available to the public
Thank you. With regards ***** ***** case with the CSA, can I have the photo's dismissed based on the same principal?
I would have thought so yes.
Can I clarify anything else for you?
You should note I am not a CSA specialist but deal with criminal matters.
Is there anything else you would like to ask me about this?
I should add if someone on behalf of your ex did it the answer remains the same. If they are public photos there is nothing you can do. If the account was hacked then it is an offence
Yes, thank you Alex
Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen