Accessing someone else's emails

[CYNthesys]

I know that it is a criminal offence to open mail addressed to someone else, but I need to know if it is also a criminal offence to open then delete someones emails and texts.
Would it come under - Interception and Disclosure of Messages - Wireless Telegraphy Act 2006

[nemesis45]

Re: Accessing someone else's emails

I know that it is a criminal offence to open mail addressed to someone else, but I need to know if it is also a criminal offence to open then delete someones emails and texts.
Would it come under - Interception and Disclosure of Messages - Wireless Telegraphy Act 2006

Are these e-mails etc. on a shared computer? Password protected?




nem

[CYNthesys]

Re: Accessing someone else's emails

they were on a personal computer, dont know if they were password protected, visitor to house accessed then deleted them

[charitynjw]

Re: Accessing someone else's emails

Hi CYN

Re opening mail, it is only an offence if it is done intentionally without reasonable excuse & with the intent to act detrimentally.
http://www.legislation.gov.uk/ukpga/2000/26/section/84

[CYNthesys]

Re: Accessing someone else's emails

thanks charity
they were opened and deleted to the recipients detriment.

What would be the legal remedy, think its a criminal offence, but Police will no doubt pass the book and say its a civil matter.

It would be a different matter if my friend was rich and famous, she is just a struggling mrs nobody

[charitynjw]

Re: Accessing someone else's emails

CYN, my post #4 concerned land mail, not emails.
My fault, I should have clarified that!

[des8]

Re: Accessing someone else's emails

It would depend on what loss was suffered as to whether or not it was worth trying to make a claim.

Has there been any attempt to restore the deleted messages?
Google "recovery of deleted emails"

[CYNthesys]

Re: Accessing someone else's emails

My friends so called "friend" owed her some money. Repayments were agreed via email and text
When her "friend" was visiting ,my friend was distracted and her "friend" deleted these texts and emails from my friends phone/computer.
Needless to say friend hasnt been repaid

- - - Updated - - -

Not sure what attempts have been made to restore emails and texts

[des8]

Re: Accessing someone else's emails

Do you know how much was involved (ie is it worth pursuing it?)

Was the money given in cash, by cheque, transfer? (in other words any proof?)

Was any one else aware of the loan?

Are the text messages still extant and would they support a claim? (post 1 only referred to emails on a computer)

[CYNthesys]

Re: Accessing someone else's emails

Believe it was over £1000, understand it was cash, text messages have been deleted, but her "friend" admits to deleting them

[Oporto]

Re: Accessing someone else's emails

Hi Cyn,I know this person that you are talking about, and i've seen the pc and mobile.The contents on the e- mails are her admittance of the debt and how she intended to pay back. access to the e-mails was easy because the password is saved by google. The mobile was hacked into and more or less the same information that was on the e-mails plus an apology for going into the pc all that information was deleted, The make of the mobile is a samsung (not an andriod ) samsung have been contacted to see if the contents of the inbox can be retrieved they said no and they cannot help.

[Oporto]

Re: Accessing someone else's emails

The one guest that's watching could possibly be her

[Oporto]

Re: Accessing someone else's emails

The amount of money that she owes is almost £3.000

[Oporto]

Re: Accessing someone else's emails

Half of that was by cheque made payable to the owner of the house as a bond and the first months rent.I'm not sure but the rest of it could have been by cash, i'll try and find out

[des8]

Re: Accessing someone else's emails

If it was cash, was it drawn out of an account? Withdrawal of an unusual amount would be supportive.

If the debtor is now disputing/denying the debt, action can still be taken to initiate a claim.
When it comes to it in court it is the balance of probabilities (or who the judge believes) that wins,
Did anyone else (besides debtor and creditor) know of this loan, see any of the emails/texts?


Regulation of Investigatory Powers Act 2000, makes it a criminal offence to gain access to material which is stored on a communication system without a search warrant or a "production order", either of which has to be approved by a judge.

Crossed with Oporto, whose recent posts make a civil claim quite attractive if debtor doesn't come to her senses.