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Legalities of snooping in husbands email with his password

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(@osity)
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I've got a client here that is divorcing her hubby. She may want to some edata against him in the form of "porn sites" that he/someone has been to on his gmail account.

She has full access to his gmail account and his history is all there. Would it bring up any legal issues before and during possible court case if we just take screen shots inside his account history?


   
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jaclaz
(@jaclaz)
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Joined: 18 years ago
Posts: 5133
 

I've got a client here that is divorcing her hubby. She may want to some edata against him in the form of "porn sites" that he/someone has been to on his gmail account.

She has full access to his gmail account and his history is all there. Would it bring up any legal issues before and during possible court case if we just take screen shots inside his account history?

You'd better ask a (local) lawyer/solicitor first.

That is Canada, right? ?

This is a case in the US, Michigan
http//www.outsidethebeltway.com/appeals-court-rules-husband-can-be-charged-criminally-for-reading-wifes-email/
and one in South Carolina
http//chronicle.augusta.com/news/crime-courts/2012-10-10/cheating-husbands-privacy-not-violated-because-emails-were-inbox-court

Generally speaking there is no exception for reduced expectation of privacy in mail (and by extension e-mail) for spouses.

Please note how - set aside whether accessing one's spouse's e-mail account is a criminal act or something else (tolerated in some given circumstances) - the validity of the *whatever* procured through such an unauthorized access as evidence would be anyway highly debatable, something along the lines of either "Fruit of the poisonous tree" or "Ex turpi causa non oritur actio".

jaclaz


   
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(@trewmte)
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Joined: 19 years ago
Posts: 1877
 

1)

I've got a client here that is divorcing her hubby

2)

She may want to some edata against him …. that he/someone has been to on his gmail account.

3)

She has full access to his gmail account and his history is all there. Would it bring up any legal issues before and during possible court case if we just take screen shots inside his account history?

You may wish to read

Final Judgment
Golchoobian v. Vaghei, 2015 ONSC 1840 (CanLII)
http//www.canlii.org/en/on/onsc/doc/2015/2015onsc1840/2015onsc1840.html

Earlier Finding (same case)
http//www.canlii.org/en/on/onsc/doc/2014/2014onsc7370/2014onsc7370.html

If you or someone else is an outside firm (data recovery) then it just might be the case there are legal requirements under and requirements for Evidential Disclosure relating to

Canada Evidence Act (R.S.C., 1985, c. C-5)
http//laws-lois.justice.gc.ca/eng/acts/C-5/FullText.html

Generally, it is said the law relating to the admissibility of electronic records in criminal and civil proceedings is governed by legislation. In matters where Parliament has jurisdiction, the Canada Evidence Act applies. In matters where each respective province’s legislature has jurisdiction, comparable provincial legislation applies. These statutes contain provisions relating to the admissibility of business records, all manner of electronic records, the “best evidence” rule, and the like. Therefore are you or your client familiar with province’s legislature where your client is located??

Don't take the above as gospel, but as has already been suggested to you, in your best interests getting appropriate legal advice is a good idea.


   
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