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Persoal images and Data Protection Act

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  • Persoal images and Data Protection Act

    Apologies if this is in the wrong place , i couldnt find anywhere else
    My friends ex boyfriend is threatening to sell images of her taken during their relationship , unless she reimburses him for the gifts and general expenses incured.
    Obviously theses are of the X rated variety.

    Whilst i know that this is definitily a criminal act would said media come under the Data protection act All?

    Currently putting together a response to his latest bizarre demand , just not sure if the DPA applies to this
    Tags: None

  • #2
    Remind the man of the laws on revenge porn - https://www.stephensons.co.uk/site/b...39;s%20consent.

    This is also blackmail, another criminal offence.
    Lawyer - retired from practice, now in academia. I do not advise by PM.

    Comment


    • #3
      Yes, the DPA does apply, and the law of confidence.

      Comment


      • #4
        Just to add a word of caution, your friend may want to re-consider providing any response to her ex-boyfriend and instead take it to the police immediately. You have correctly identified that this is potentially a criminal offence under s.33 of the Criminal Justice Act 2015 i.e. the recently introduced 'revenge porn' laws.

        I am not suggesting it would do, but any response provided to the ex-boyfriend may jeopardise any criminal investigation or charge that may be brought against him.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          As you say, this is a criminal offence. First, it is obviously blackmail. Second, there is a 'revenge porn' offence under s33 Criminal Justice Act 2015.

          Giving you chapter and verse in case it helps.
          Lawyer - retired from practice, now in academia. I do not advise by PM.

          Comment


          • #6
            Is this not blackmail? I would report to Police asap

            Comment


            • #7
              I've approved a few posts here that were unapproved by the spam filter.

              Comment


              • #8
                Thanks - I was wondering why my posts weren't showing.
                Lawyer - retired from practice, now in academia. I do not advise by PM.

                Comment


                • #9
                  It think it was 'porn' that did it!

                  Comment

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