Legal Question in Technology Law in Oklahoma

Re: Computer Privacy and Spousal Rights

I recommend strongly against this proposed action. There are privacy issues which are not addressed, and it does not matter whether access to this information is attempted by a spouse. It is not ownership of the computer which the law protects in this instance, but ownership of the information. Unless the person whose information it is delivers a written permission to access, you could incur serious liability for an unprivileged disclosure of information which you have no right or permission to divulge.

Re: Computer Privacy and Spousal Rights

This is a controversial issue, best illustrated by the difference between the advice below and another reply that was already posted. The owner of a computer can do whatever he wants with it; no one else has a legitimate expectation of privacy in using a machine that they do not own.

Of probably greater value is the practical analysis: who would ever know that you were the one who did the password by-pass? Husband has the legal right to do it himself, could likely do so if he did enough research and/or bought the right utilities, so the precise means of circumvention of the passwords is unlikely to be an issue of contention.

Best wishes,

LDWG

Re: Computer Privacy and Spousal Rights

Ask yourself: how do you really know WHOSE computer it is, and what you are getting yourself into?

Since the answer is clearly that you DON'T know, that would be answer enough for me.

Legally that's the sort of question you don't want to have to answer. It's one thing to repair or wipe a hard-drive, because it's reasonable to assume that someone who brings in a computer owns it.

It's another thing entirely to hack into areas which are clearly password-protected, even if the family owns the computer.

Does a wife have a privacy interest protected from her husband, especially one clearly expressed by way of a password? I would definitely say she does.

He is not allowed to enter her medical, employment or psychological records without permission (or a court-order), so I would, as a precaution, use this policy to guide your own dealings in this area. You can't hack into her medical records, so don't hack into her computer.

Two votes for pass up the business.