Legal Question in Technology Law in Pennsylvania

Minor's Rights Regarding Parental Invastion of Privacy

ok. this is a sordid story, but here goes. i am 16. my boyfriend is 19. we've been dating for almost 2 years. we have sex. he sent me personal photos, which i knowingly accepted. my dad hacked into my personal email account and found the email and now wants to take the pictures to his parents. is it legal for him to even hack my computer in the first place? or to show his family these photos?


Asked on 4/16/07, 8:11 pm

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: Minor's Rights Regarding Parental Invastion of Privacy

This is a complicated issue. The case law discussing minor's rights to privacy as against their own parents concerns distribution of birth control measures rather than a parent's viewing a minor's e-mail.

"On parental rights, see e.g., Doe v. Irwin, 615 F.2d 1162, 1167 (6th Cir. 1980) cert. den., 449 U.S. 820 ('The Supreme Court has long recognized the right of parents to the care, custody and nurture of their children as a liberty interest protected by the Fourteenth Amendment.'). Parental rights, needless to say, are subject to numerous limitations including, of course, the right of children to their own privacy. See e.g., Carey v. Population Servs. Inst., 431 U.S. 678, 692 (1977) (the State may not prohibit the sale of condoms to minors); Accord, Doe, 615 F.2d at 1166 ('As with adults, the minor's right to privacy includes the right to obtain contraceptives.')."

If your boyfriend is charged there may be a basis for excluding the pictures from evidence in the criminal case, but I think that most courts would be on your father's side in this matter. Remember that Judges have children also. Your father is doing your boyfriend a huge favor by going to his parents rather than going to the police.

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Answered on 4/17/07, 10:52 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Minor's Rights Regarding Parental Invastion of Privacy

It doesn't matter at all if your Dad's hacking into your account was legal or not, you can't "unring a bell". He now has evidence of criminal conduct by your boyfriend, and your boyfriend may be arrested.

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Answered on 4/16/07, 9:17 pm


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