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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116140
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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This is a continuation from our former conversation

Customer Question

This is a continuation from our former conversation together. To recap, My husband bought an ipod touch for his son and registered it under his personal icloud account. Unknowingly to my husband, his son's device was capable of receiving all of my husband's
personal emails and texts. His son's device went "missing" for approximately 4 months. Last year around Oct/Nov 2014, my husband received a phone call from his ex-wife stating that she finally found the ipod touch in her home and happened to read all of my
husband's private messages to all of his contacts. She admitted to doing so, but the reason for her call was to inform him that she was able to gather enough information about my medical issues (I was abusing alcohol and diagnosed with depression), that she
was going to file for a new consent order to restrict me from caring for her children. My husband signed this new consent order. I thereafter volunteered myself into a rehabilitation center for treatment. I have been sober and alcohol free now for 90+ days
and actively working on my recovery. Upon my return from rehab, she filed for an emergency court hearing for full custody of her children she shares with my husband. The case was discussed in the judges chambers and dismissed secondarily to no material changes,
and because a consent order was already in place restricting me from caring for the boys. She made copies of all disparaging texts between my husband and I as well as other conversations he had between friends and family about the situation and filed them
as reason for full custody. Since then, she is still seeking full custody through a mediator. I volunteered to meet with the mediator to share how hard I am working on my recovery and even signed a release form to have the treatment center that I continue
to see for IOP (intensive out patient) to speak with the mediator on my efforts and participation there. The ex-wife also provided a copy of these texts to the mediator. She threatened my husband that she may share these texts messages with our friends and
family in addition. I am in need of your advice on what I can do at this point and what kind of a lawyer I might contact to further pursue her wrongful and damaging actions towards me. A HIPPA lawyer?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
She of course had no legal right to intercept those messages, it is not a HIPAA violation though, because HIPAA applies only to healthcare providers and healthcare insurers and also there is no private right to sue under HIPAA.
Your husband, since they were his private messages, would have to seek damages from her for invasion of privacy for going into the iPad without authorization and reading his obviously private messages.
Unfortunately, that does not un-ring the bell, and since the iPad was unlocked and at her residence, it is not likely going to qualify for computer hacking I am afraid.
It is an invasion of privacy suit he needs to bring against her and that would require a general litigation attorney.

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