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  1. #1
    Join Date
    Apr 2013
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    5

    Default Can a Dead Person's Privacy Be Violated

    My question involves an injury that occurred in the state of: California
    If you recorded a phone conversation with someone without permission (wiretapping I think it's called) and then they die years later, what happens if you release the call on YouTube or even sell it commercially? Can there be criminal or civil penalties?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Can Dead Person's Privacy Be Violated

    It doesn't cease to be a crime just because the person who is the participant in the communication who didn't consent is dead. Your CRIME is against society and prosecuted by the state.
    Of course, the statute of limitations applies (631PC is a wobbler so it might be prosecutable as a felony for only three years (and as a misdemeanor for one year).

    As for civil suit, it would have to be brought by the one specifically damaged by such communication. The dead man isn't going to sue, but his estate might, but then they'd still have to show some damage. Depending on how the suit alleges its claims the statute of limitations probably runs after two or three years.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a Dead Person's Privacy Be Violated

    Deceased people don't have privacy rights, but their estates do have intellectual property rights.

  4. #4
    Join Date
    Nov 2013
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    7,056

    Default Re: Can a Dead Person's Privacy Be Violated

    Quote Quoting Mr. Knowitall
    View Post
    Deceased people don't have privacy rights, but their estates do have intellectual property rights.
    Case and point. Did you read this today?


    http://apnews.myway.com/article/2015...6fcfcecbd.html

  5. #5
    Join Date
    Apr 2013
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    5

    Default Re: Can Dead Person's Privacy Be Violated

    Quote Quoting flyingron
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    Your CRIME is against society and prosecuted by the state.
    Of course, the statute of limitations applies (631PC is a wobbler so it might be prosecutable as a felony for only three years (and as a misdemeanor for one year).
    Is that for 3 years from the time the call was recorded OR from the time the call might be released or discovered?

  6. #6
    Join Date
    Sep 2010
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    19,901

    Default Re: Can Dead Person's Privacy Be Violated

    It's two or three years from the act that caused the damage. Again it depends what claim you're making as a result of the recording. I'm not going to write you a book on the subject. This is why this board rarely likes to indulge much in hypotheticals. If you have a real situation, explain the details. It's getting tiring with you multiple hypothetical threads on the subject.

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