Posted by
oliverO
21 yrs ago
Is email theft the same as stealing someones snail mail?
Ive just found out that a colleague has downloaded some of my personal emails.........and sent them on to 3rd parties.
They dont have my permission and they were not on the original address list.
Is this illegal in HK?
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Personal Data (Privacy) Ordinance - One who appropriates another person's likeness or other indicia of identity by using the latter's personal data for the purpose of commercial exploitation or "character merchandising" in contravention of DPP 3 is liable under the PD(P)O. However, there is no breach of DPP 3 if the personal data have been collected for that very purpose, even though the consent of the subject is lacking. The data subject might have a remedy for breach of DPP 1 if the collector did not collect the individual's likeness by means that were lawful and fair in the circumstances. But according to the Court of Appeal decision in the Eastweek case, there is no cause for complaint if the person who collected and used the likeness did not intend or seek to identify him.
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10.2 Personal Data (Privacy) Ordinance - One who appropriates another person's likeness or other indicia of identity by using the latter's personal data for the purpose of commercial exploitation or "character merchandising" in contravention of DPP 3 is liable under the PD(P)O. However, there is no breach of DPP 3 if the personal data have been collected for that very purpose, even though the consent of the subject is lacking. The data subject might have a remedy for breach of DPP 1 if the collector did not collect the individual's likeness by means that were lawful and fair in the circumstances. But according to the Court of Appeal decision in the Eastweek case, there is no cause for complaint if the person who collected and used the likeness did not intend or seek to identify him.
Weir & Associates
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email : weirlaw@hongkonglaw.com
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braham or associates
The issue is not identity theft. It is whether the invasion of his/her privacy or inapropriate downloading of the emails were actionable.
I think larceny extend to electronic data as well. So long as it is ownership of the email can be established.
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Life
21 yrs ago
Depends on how it was obtained. If someone on the distyribution list sent it to him, and he chose to forward it to someone else, how can he be liable?
If he downloaded email, then is it as a paper copy that he gave to another? You need to know how he obtained the emails in question.
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rio
19 yrs ago
my email has been "logged into" by so-called "family" and then some contents were saved and posted online. Isn't this invasion of Privacy? Thing is, they admitted on the blog that they took this from my email while i was away for a while from the PC...what to do about it?
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