Legal Question in Technology Law in Florida

Email Invasion of Privacy

I was at school, looking through my

emails on gmail. I clicked out of the

web browser, next period someone

came on the computer and went

onto the gmail account, my question

is. Does he have any right to look

through and click my emails. He

looked through photos of me

drinking/smoking hookah, and gave

them to the dean. Is that illegal in

the state of Florida, and if it is. I

would really like to sue one if not

both of them. Because the dean and

the student went through my emails

clicking into them, without my

consent


Asked on 2/10/09, 12:13 pm

2 Answers from Attorneys

Bradford Patrick Chamberlin Patrick PA

Re: Email Invasion of Privacy

Dear Michael Phelps:

First, you may have violated school rules by using Gmail at school. Even if "everyone does it" it may or may not be permitted at your (private) school. Bad move #1.

Second, you logged in but did not log out, and walked away from the computer. Bad move #2.

Third, you seem to not be concerned about the fact that keeping photos of yourself smoking "hookah" in a place where they could be accessed is a problem. I would suggest this is a problem. Bad move #3.

Fourth, depending on the legality of what is in the "hookah", you could have a Really Big Problem. Bad move #4.

Fifth, you probably attend a private school with strict rules about personal responsibility and behavior. Hmmm.

Turning to the other folks:

Yes, they were invading your privacy in some fashion by clicking through your emails. Does your school have an Honor Code? Maybe you have a point, but it isn't something anyone should be suing over.

How have you been harmed by this? Now your Dean knows you smoke "hookah". You now know how important it is to keep your private life private and to maintain security online.

Bottom line - take this as a life lesson. Own up to what you have done instead of blaming someone else. Forget the money angle (it may surprise you to know that lawsuits cost thousands of dollars)... you have a situation you should use to figure out what you can improve in your life, not go off on some other kid, or the dean. Responsibility for your actions is the most important issue here.

And quit smoking while you are still young enough not to ruin your lungs permanently.

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Answered on 2/10/09, 12:26 pm
Lesly Longa Longa Law P.A.

Re: Email Invasion of Privacy

In addition to the points my colleague has made, I would add that you were not using your computer, you were using the school's computer, so what expectation of privacy did you really have? You have an obligation to log yourself out and make sure that the school's computer does not remember your password. Besides, if you have something to hide, why would you email photos of yourself doing it?

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Answered on 2/10/09, 12:50 pm


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