Is it legal to read another person's private Facebook messages?

[chiquitabanana]

What is the name of your state (only U.S. law)? Connecticut
If a man dies and his wife has his password and after his death she goes in and reads all of his private messages, is this illegal? It seems like it is a breach of privacy not only to the husband, but to all parties involved as their personal opinions and information are now being read. Also, what if she gives the password out to others?

I understand that HIS privacy is not important, but what about those that he talked with? If I have shared personal medical information with him in a private message, or something of the like and the wife finds it and shares it, is that not illegal? I did not authorize her to know that.

 

[Zigner]

What is the name of your state (only U.S. law)? Connecticut
If a man dies and his wife has his password and after his death she goes in and reads all of his private messages, is this illegal? It seems like it is a breach of privacy not only to the husband, but to all parties involved as their personal opinions and information are now being read. Also, what if she gives the password out to others?

What privacy can a dead guy expect?

 

[quincy]

What is the name of your state (only U.S. law)? Connecticut
If a man dies and his wife has his password and after his death she goes in and reads all of his private messages, is this illegal? It seems like it is a breach of privacy not only to the husband, but to all parties involved as their personal opinions and information are now being read. Also, what if she gives the password out to others?

You cannot invade the privacy of a dead person.

In addition, nothing that is published on a social networking site should ever be considered private. There is very little privacy on the internet.

 

[chiquitabanana]

I understand that HIS privacy is not important, but what about those that he talked with? If I have shared personal medical information with him in a private message, or something of the like and the wife finds it and shares it, is that not illegal? I did not authorize her to know that.

 

[Silverplum]

You can re-state the question; you can re-ask it; you can re-word it. But the answer remains the same:

You cannot invade the privacy of a dead person.

In addition, nothing that is published on a social networking site should ever be considered private. There is very little privacy on the internet.

 

[TheGeekess]

I understand that HIS privacy is not important, but what about those that he talked with? If I have shared personal medical information with him in a private message, or something of the like and the wife finds it and shares it, is that not illegal? I did not authorize her to know that.

Short answer: No. No it isn't.

 

[quincy]

I understand that HIS privacy is not important, but what about those that he talked with? If I have shared personal medical information with him in a private message, or something of the like and the wife finds it and shares it, is that not illegal? I did not authorize her to know that.

If someone has private or confidential information to communicate to someone, they should not communicate it on a social networking site or by email. There is very little privacy on the internet.

There are four privacy torts: intrusion into one's seclusion, publication of private matters, false light, appropriation of a person's name or likeness.

What the wife finds on her dead husband's Facebook account is no longer private information once he dies. That said, what the wife DOES with the information she finds on his Facebook might need to be handled with some care, if a LIVING person can be affected by its public disclosure.

 

[chiquitabanana]

If someone has private or confidential information to communicate to someone, they should not communicate it on a social networking site or by email. There is very little privacy on the internet.

There are four privacy torts: intrusion into one's seclusion, publication of private matters, false light, appropriation of a person's name or likeness.

What the wife finds on her dead husband's Facebook account is no longer private information once he dies. That said, what the wife DOES with the information she finds on his Facebook might need to be handled with some care, if a LIVING person can be affected by its public disclosure.

Right this is exactly what I'm talking about. If she shares something private that she was not authorized to share that is illegal, right? I would also think that it violates HIPAA

 

[Silverplum]

Right this is exactly what I'm talking about. If she shares something private that she was not authorized to share that is illegal, right? I would also think that it violates HIPAA

Private citizens are not bound by HIPAA regarding each others' PII. Nobody is anyone's patient in this scenario.

Now what?

 

[chiquitabanana]

I know there is a divide between unethical and illegal. Just hoping there is a legal way for justice in this situation (there is a lot more involved in the bigger picture) but just wanted a bit of clarity on this particular detail. Thanks for the help. Not the answer I wanted by any means.

 

[Ohiogal]

I know there is a divide between unethical and illegal. Just hoping there is a legal way for justice in this situation (there is a lot more involved in the bigger picture) but just wanted a bit of clarity on this particular detail. Thanks for the help. Not the answer I wanted by any means.

What evidence is there that the husband didn't share this info with the wife when he was living? Furthermore, are you a mistress of the husband? Why do you assume there were secrets between husband wife that would protect you while he was alive?

 

[quincy]

I know there is a divide between unethical and illegal. Just hoping there is a legal way for justice in this situation (there is a lot more involved in the bigger picture) but just wanted a bit of clarity on this particular detail. Thanks for the help. Not the answer I wanted by any means.

If the wife has come across some private information the publication of which would harm a living person, the wife could potentially be sued for invasion of privacy if she communicates this information to a wide audience.

For example, if you disclosed to this wife's husband that you had a sexually transmitted disease, and the wife then blogs online about your sexually transmitted disease, you could potentially have enough to support an invasion of privacy/publication of private facts suit.

But facts really matter in law, and the facts of your situation would need to be personally reviewed by an attorney in your area well-versed in privacy laws to determine if the wife's access to the private facts and her publication of them violated your right to privacy.

 

[chiquitabanana]

What evidence is there that the husband didn't share this info with the wife when he was living? Furthermore, are you a mistress of the husband? Why do you assume there were secrets between husband wife that would protect you while he was alive?

I'm his sister.
And there is no evidence that he didn't share it, I just assumed that she knew because she is his wife. She is not a very nice person, and while he was living he did not allow her onto his site and often shared secrets with me privately. He was unhappy in their relationship and he would often mention his unhappiness with her, and often said "don't tell xxxx" on the messages so I know that she was not privy to our conversations.

 

[Zigner]

I'm his sister.
And there is no evidence that he didn't share it, I just assumed that she knew because she is his wife. She is not a very nice person, and while he was living he did not allow her onto his site and often shared secrets with me privately. He was unhappy in their relationship and he would often mention his unhappiness with her, and often said "don't tell xxxx" on the messages so I know that she was not privy to our conversations.

You don't know that he didn't tell her

 

[chiquitabanana]

If the wife has come across some private information the publication of which would harm a living person, the wife could potentially be sued for invasion of privacy if she communicates this information to a wide audience.

For example, if you disclosed to this wife's husband that you had a sexually transmitted disease, and the wife then blogs online about your sexually transmitted disease, you could potentially have enough to support an invasion of privacy/publication of private facts suit.

But facts really matter in law, and the facts of your situation would need to be personally reviewed by an attorney in your area well-versed in privacy laws to determine if the wife's access to the private facts and her publication of them violated your right to privacy.

My concern on that end was that I have concerns that she shared the password with others and that they have been active on site reading emails. I sent a message to his account after he died and then i saw that there was a time stamp showing when they accessed the message more than 24 hours afterward. There are some other happenings that suggest that others who do not know me personally most likely have had access to those messages. I realize that nothing is private online, but you would expect that a person handles it with care if it is "leaked."