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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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My brother in law went through my my phone, IPad and

Customer Question

My brother in law went through my my phone, IPad and personal papers without my consent. Is that illegal?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Mississippi
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you think the lawyer should know?
Customer: That's the major items that he invaded my privacy.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

I am very sorry to hear this;

An invasion of privacy tort involves the following:

  • First, that defendant, without authorization, must have intentionally invaded the private affairs of the plaintiff;

  • Second, the invasion must be offensive to a reasonable person;

  • Third, the matter that the defendant intruded upon must involve a private matter; and

  • Finally, the intrusion must have caused mental anguish or suffering to the plaintiff.

For an example of case law please see here and here (on this second link it begins at page 11)

That is a civil case and the court can award damages- including punitive damages to deter defendant and others from similar conduct.

For trespass ( a criminal issue) that is violative of code 97-17-97:

(1) Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

So the individual that unlawfully accesses another's information can be sued for damages by the aggrieved person, and that person can also file a criminal complaint with the police department for trespass.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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