Legal Question in Technology Law in Washington

Electronic Data

Recently another person has used my portable hardrive to backup their computer prior to a windows upgrade in the process they neglected to remove their files and now have accused me openly and in writing of having hacked and stolen this information some of which I have stumbled across and have found to be very offensive now this party has threatened me with legal action should I be worried


Asked on 7/03/07, 3:17 am

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Electronic Data

If there is a possibility of litigation developing over this material, deletion-destruction may be considered spoliation. So unless a settlement demand included deletion of the files, I would advise you to hire a forensic or discovery specialist and have a copy made of the drive and store it with your attorney before you delete the files.

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Answered on 7/03/07, 8:32 pm
Johm Smith tom's

Re: Electronic Data

You neglect to write what you have done with their filed to make them aware that you have not yet deleted their files, as you should have upon learning that they do not need them and you do not have the right to go through them. They are not your files; so delete them.

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Answered on 7/03/07, 9:38 am


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