is there such a thing? data theft

Paul11 · 30 Jun 2008 at 20:25

a friend of mine is having this problem, wanted to see if there is anything that can be done.

someone bought her a computer and gave it to her which she has had for approx 8 months.

after 8 months and an argument, he goes to her house and takes the computer back.

now forgetting the computer for a moment, he has taken all her data that she had on the hard disk. all her photos, documents, music, emails etc..

is there such a thing as data theft ? even though technically the computer was his? is there anything she can do ?

Nymins · 30 Jun 2008 at 20:29

Im sure the Privacy Act comes in here somewhere.

AS_Platinum · 30 Jun 2008 at 20:33

Was the computer not given as a gift?

AtreuS · 30 Jun 2008 at 20:34

If shes had it for so long and it was a gift then its hers anyway. If she was serious she would have gotten on the blower to the police and shopped him in for stealing it.

Paul11 · 30 Jun 2008 at 20:43

AS_Platinum said:
Was the computer not given as a gift?

yes, it was given as a gift.

yes she told the police, they say its a civil matter ad they cant get involved

i was trying to find out what law, if any, can be used to take him to court of similar to make a private claim

JBuk · 30 Jun 2008 at 20:46

she will have to take it to small claims probably

how did the computer manage to be taken?

Paul11 · 30 Jun 2008 at 20:48

JBuk said:
she will have to take it to small claims probably

how did the computer manage to be taken?

they were having an argument in her living room and he rippid it out the computer desk and smashed it on to the floor, damaging the new wood floor in the process and them steaming out the door with it.

dowie · 30 Jun 2008 at 20:48

not sure 'theft' applies to the data itself - probably covered by some IP law though - certainly she owns the copywright to her work etc...

try www.moneyclaim.gov.uk perhaps and take the guy to the "small claims court"/county court

JBuk · 30 Jun 2008 at 20:56

Paulus said:
they were having an argument in her living room and he rippid it out the computer desk and smashed it on to the floor, damaging the new wood floor in the process and them steaming out the door with it.

well then the police should get involved as thats criminal damage and if hes taken her belongings without consent then thats theft

i would contact the police again and ask to speak to someone in charge

Paul11 · 30 Jun 2008 at 20:57

JBuk said:
well then the police should get involved as thats criminal damage and if hes taken her belongings without consent then thats theft

i would contact the police again and ask to speak to someone in charge

she has, and they were in her house. they said she can try to persue him for damage to the floor but they wont get involved in anything else

JBuk · 30 Jun 2008 at 20:59

all i can assume is that its because he paid for the computer
but even then hes taken it from her home, i would have thought they would at least retrieve it for her

Gackt · 30 Jun 2008 at 21:44

Participant · 30 Jun 2008 at 21:46

Try and steal it back, and crap in his milk also.

Masterdog · 30 Jun 2008 at 22:16

Well, under the Computer Misuse Act, you could have Unauthorised Access To or Modification Of the data (if he'd accessed or changed it in the meantime), but you'd never prove the 'unauthorised' bit if it was his HD in the first place. I don't really see he's breaking any laws by taking the drive tbh.

Paul11 · 30 Jun 2008 at 23:04

Masterdog said:
Well, under the Computer Misuse Act, you could have Unauthorised Access To or Modification Of the data (if he'd accessed or changed it in the meantime), but you'd never prove the 'unauthorised' bit if it was his HD in the first place. I don't really see he's breaking any laws by taking the drive tbh.

well, that is what i thought, because he could claim he owns the HD.

i didnt know if there was any law i didnt know about, but either way i dont know if its worth pursuing or not. ill give her all the options and let her decide.