Proving invasion of privacy

Proving invasion of privacy

Virginia's statute explicitly defines the crime of computer invasion of privacy:FN32

A person is guilty of the crime of computer invasion of privacy when he or she uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or personal information relating to any other person. "Examination" under this section requires the offender to review the information relating to any other person after the time at which the offender knows or should know that he or she is without authority to view the information displayed.

• Knowledge: The definition of "examination" carries with it the mental element of knowing lack of authority to see the information in question. Often access to information cannot be shown to have followed any communication that it is unauthorized. Just as knowing unauthorized access to a computer system requires the existence of some sort of warning, indication that access to records is limited to authorized personnel is required in most cases to prove that the defendant was on notice that his or her examination was unauthorized. Circumstantial proof may be derived from repeated attempts to get access to such information without the proper password, authorization or access code.