Divorce can shake up your entire life, including your digital world. You need to focus on protecting more than just your physical assets. Your online presence and digital information also require safeguarding. In other words, your soon-to-be ex doesn’t have the right to go snooping in your online activity.
Your digital information is protected under Connecticut law. So, does this mean you can’t access your former spouse’s non-password-protected emails? We’re navigating digital privacy rules in a CT divorce so you aren’t accidentally breaking any laws.
Navigating Connecticut Digital Privacy Laws
You’re probably aware of some privacy laws like HIPAA. This is the one protecting your personal health information. Most states, including Connecticut, also have their own digital privacy rules. Just because you’re married to someone doesn’t mean you have unfiltered access to their digital life.
The Connecticut Data Privacy Act covers quite a bit. You can’t take a deep or even shallow dive into someone else’s digital data without their consent. This even applies to digital accounts not protected by security measures like passwords.
Just because something’s accessible doesn’t mean it’s legal for you to start browsing. If you or your former spouse start digging into attorney-client online communications, you’re violating discovery practices. This can have a huge impact on your divorce case, and not in a good way.
Why Digital Privacy Can Be Crucial During a Divorce
Your digital footprint can play a big role in your divorce proceedings. Protecting your online presence helps keep your personal information, financial details, and communication records safe from prying eyes by taking care of the following:
- Stopping others from misusing information in court
- Keeping your financial accounts safe from tampering
- Maintaining the privacy of your personal communications
- Lowering your risk of identity theft or fraud
When you take charge of your digital privacy, you could be setting yourself up for a smoother divorce process. While you hope your spouse isn’t going to try and find dirt on you by digging around in your online world, it can happen. Taking some essential steps to protect your digital life now can eliminate any issues before they start.
Simple Steps to Protect Your Digital Privacy During and After Your Divorce
Your digital life probably intersects with many aspects of your daily routine. You may be surprised at how connected the two are. When you’re getting ready to start adding security, here are some key areas you should check on:
- Change passwords: Pick new, strong passwords for all your accounts. Use a different one for each.
- Lock down social media: Tighten privacy settings on every platform. Think twice before posting anything.
- Set up a new email: Create a separate email just for divorce-related messages.
- Watch out for shared devices: Clear your personal data from shared computers. Get your own cloud storage account.
- Secure smart home devices: Reset or secure any shared smart home systems to protect your privacy.
Protecting your digital privacy takes ongoing effort. Stay alert and talk to a Connecticut attorney if you have worries about your digital presence during divorce. These steps can help you protect yourself during a turbulent period and smooth your transition as you move into the next phase of your life.
Potential Penalties for Violating Digital Privacy During a CT Divorce
The ramifications of unlawfully accessing your spouse’s electronic information can be pretty severe. You could be subject to criminal prosecution under Conn. Gen. Statutes §53-451 or the Stored Communications Act 18 U.S.C. §2701. Yep, instead of heading to Family Court, you’re in the criminal justice system.
During a divorce case, the family court can financially sanction you and suppress any evidence secured unlawfully. The case of Barr v Barr back in 2015 is a great example of Connecticut’s digital privacy rule in action.
The Court granted the defendant, the husband, a motion for a protective order relative to emails unlawfully and surreptitiously obtained by the plaintiff’s brother-in-law. The communications came from the husband’s personal and work email accounts. Some of these emails were privileged attorney-client communications.
Simonson v Simonson is another example of a soon-to-be former spouse taking digital snooping way too far. The court granted the plaintiff’s motion for a protective order relating to a recording made when the defendant illegally placed a digital voice-activated audio recording device behind the driver’s side seat of a vehicle he owned.
However, the vehicle is primarily driven by the plaintiff. Connecticut statutes §52-184a make it illegal to record any conversation without everyone’s knowledge. Any recording also isn’t admissible in court.
Even if you’re not hit with hefty fines and even potential jail time, violating your former spouse’s digital privacy illegally can put you at a huge disadvantage during your divorce. You may lose out on spousal support or even end up with reduced time with your children.
Can You Use Digital Evidence In a Divorce?
Connecticut Practice Book §25-32 gives couples a list of mandatory disclosures in a divorce. This includes which documents and records must be exchanged between divorcing parties and/or their attorneys. Discovery can pop up in any pending litigation or post-judgment dissolution, legal separation, annulment, or support proceeding.
Your divorce attorney can use additional legal discovery tools, such as more elaborate discovery requests, interrogatories, and depositions of both parties, to secure relevant electronic evidence. Since you’re filing a request for the digital information through the court, it’s typically considered admissible evidence.
Generally speaking, email correspondence and texts between the two parties, or publicly-accessed information, such as Facebook and Instagram posts and photos shared publicly, may be admissible in court so long as you have complied with the Rules of Evidence for the admissibility of these documents.
Don’t Compromise Your Digital Privacy During or After Your Divorce
Your digital information is protected under Connecticut law. So is your spouse’s digital life. Sure, there may be information you need buried in your spouse’s emails.
However, don’t start snooping even if there isn’t a password protecting the digital account. Accessing digital information and using it as evidence is a process usually best handled by an experienced Connecticut divorce attorney.
During a divorce, protecting your digital world is crucial to maintaining privacy and security. Change passwords, monitor financial accounts, and secure devices to prevent unauthorized access. If you’re dealing with deliveries or sensitive data, track shipments using your poslaju tracking number to ensure confidential items remain safe.
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