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I have an invasion of privacy lawsuit question. Florida

I have an invasion...

I have an invasion of privacy lawsuit question

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 3 minutes by:
1/23/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,805
Experience: Attorney
Verified

Dear Customer ,

Thank You for contacting justanswer. I'm attorney Bill assisting you with your invasion or privacy question. Have you filed anything in court yet ?

What are the circumstances of the breach of privacy?

Attorney Bill

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Customer reply replied 6 months ago
I believe my wife accessed my phone while I was sleeping. She took photos of the phone with some photos displayed. I know it was her because the EXIF metadata of the photo taken shows a date and time when I was at home with her.
Customer reply replied 6 months ago
She held on to the photos for almost 18 months and abandoned the marriage last month. I’d like to sue for damages.

Thanks for your follow up.

To bring a privacy suit on Florida under these terms there must be all of the following:

1.Your wife must have been expressly disallowed from accessing your phone during the marriage.

2. she must have violated that expectation and understanding

3.The violation of this understanding must be highly offensive

Oppenheim v. I.C. Sys., Inc., 695 F. Supp. 2d 1303, 1308 (M.D. Fla. 2010)

SO if the access was clearly prohibited and the violation is very destructive you could sue.

If you are considering suing you can sue in the circuit court and should contact a local attorney to pursue this action.

We are here to help so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Attorney Bill

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Customer reply replied 6 months ago
The phone was password ***** So she either guessed my password ***** literally used my finger while I was sleeping to get past Touch ID.Is this a criminal offense and if so what is the penalty?Could I sue damages to equal what she’s potentially trying to get in alimony?
Customer reply replied 6 months ago
I don’t think the legal precedent you sent me has anything to do with my case (Oppenheim v. I.C. Sys., Inc., 695 F. Supp. 2d 1303, 1308 (M.D. Fla. 2010))

Yes you can sue for damages and the test for infliction of emotional distress is summarized in the judgment I pasted above:

"I]n measuring the unacceptable conduct upon which a claim is made," causes of action for invasion of privacy "share certain similarities" with claims for intentional infliction of emotional distress. Id. at 1062 (applying intentional infliction of emotional distress standard to determine offensiveness of conduct in intrusion claim). "The threshold test to be followed in assessing behavior claimed to constitute the `intentional infliction of emotional distress,' is whether such behavior is `so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.'"

The case defines many aspects of privacy law

Criminally it would amount to a hacking crime or unauthorized access to a computer.

You would need to file a police report for investigators to investigate your complaint.

Attorney Bill

Bill Attorney
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Customer reply replied 6 months ago
OK thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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