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Tig16

Invasion of Privacy

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My ex husband in CA used his cell phone to photograph my years old divorce decree and text it to someone, but he sent it to my son in NV.  When my son asked him what this was and why he had sent it to him, my ex husband told him it was  a mistake, his lawyer in the UK asked him to photograph it and text it to him. My son was very upset and showed me the text photo and the full decree he received. I am concerned that this private document was exposed when sent over unsecured cell phone text messaging. This was done without my permission and I am concerned about my private documents being texted within the US and internationally. I feel this is a breach of my privacy. Do I have any legal protections regarding this?

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46 minutes ago, Tig16 said:

My ex husband in CA used his cell phone to photograph my years old divorce decree

 

Would this also be his divorce decree?  Or is it a decree from a divorce between you and another husband?

 

 

46 minutes ago, Tig16 said:

but he sent it to my son in NV.

 

Is your son also his son?

 

 

46 minutes ago, Tig16 said:

I am concerned that this private document was exposed when sent over unsecured cell phone text messaging.

 

What makes you think a divorce decree is a "private document"?

 

 

46 minutes ago, Tig16 said:

Do I have any legal protections regarding this?

 

No.  Except in a very unusual case, a divorce decree is a matter of public record and can be shared with anyone in the world.

 

Caveat:  It's not clear why your ex has a lawyer the UK or where you got divorce or where your ex was when he sent his text.  Your post is tagged as relating to CA, but it's not clear why.  While I suspect that the foregoing comments are also true under UK law, I am only certain that they're accurate under the laws of all U.S. states.

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1 hour ago, Tig16 said:

My ex husband in CA used his cell phone to photograph my years old divorce decree and text it to someone, but he sent it to my son in NV.  When my son asked him what this was and why he had sent it to him, my ex husband told him it was  a mistake, his lawyer in the UK asked him to photograph it and text it to him. My son was very upset and showed me the text photo and the full decree he received. I am concerned that this private document was exposed when sent over unsecured cell phone text messaging. This was done without my permission and I am concerned about my private documents being texted within the US and internationally. I feel this is a breach of my privacy. Do I have any legal protections regarding this?

 

Assuming the decree was also your husband's divorce decree he has can show it to anyone he likes. And even if it isn't his divorce decree and he came by the document legally he could likely show it to anyone.

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Thanks but apart from the GDPR issue for UK citizens anywhere in the world, the UK lawyer asked him to send a copy of it and instead of sending a certified letter with the document he took a picture of it with his phone and texted the picture to the UK lawyer and by accident to my son in CA. Any document with personal identifying information should be handled with care, including when sent electronically, but apparently not a problem in the US.

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51 minutes ago, Tig16 said:

the GDPR issue for UK citizens anywhere in the world

 

I have no idea what that means, and your follow up post only appears to provide the most minimal of new information.  As previously noted, absent some reason to believe otherwise, your divorce decree is a matter of public record and, therefore, there is no privacy interest in it.

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A UK law is valid in the UK. The US is not obligated to follow UK law inside the US, any more than the UK is required to honor US law inside the UK. The US has no obligation to follow the GDPR within the US.

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I'd disagree slightly with cbg's analysis of GDPR.

 

A person or business in the US will be subject to GDPR to the extent that the US person or US business is processing personal data of people in the EU in connection with the sale of goods or services to people in the EU, or to the extent the US person or US business is processing personal data of people in the EU in connection with monitoring behavior of people in the EU to the extent the behavior takes place in the EU.

In either case, it doesn't matter that the person or business handling the data is in the US (or any other location outside the EU) - what matters is that the underlying activity is occurring in the EU and on that basis the EU can regulate it.

 

That said, it doesn't seem like the GDPR would apply to the matters described in the OP's post.

 

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