We live in a digital age, where our data and online profiles can be susceptible to attack and misuse. Given we tend to share personal, and frequently confidential, information with our partners, the risk is often elevated on relationship breakdown.

An example is a recent case where the ruler of Dubai was found by the English family court to have 'authorised' the hacking of his wife's phone during the course of family proceedings on no less than 11 occasions, and in doing so had accessed personal, confidential and legally privileged material. 

This case is not an isolated incident and there have been no shortage of issues arising from the use of digital technologies in Family Law cases, whether it be because information or documentation has been obtained electronically by one party without their partner's knowledge or consent, or owing to digital harassment, whether it be by using a partner's account to send abusive messages to third parties, cyber-stalking, spoofing (the act of disguising a communication from an unknown source as being from a known, trusted source) or otherwise.

Protection

It goes without saying that being proactive in protecting accounts and online profile is the first step in preventing issues on relationship breakdown.  Examples of the steps which can be taken include:

Password management – Couples often share passwords, or use their partners' electronic devices to access their accounts, with the related passwords frequently being stored or saved in a manner which is accessible to both.  The same applies to pins or passwords used to access phones or other electronic devices.  Ensuring that passwords are changed if a relationship seems likely to breakdown, and that they are reviewed regularly, will assist with protecting against accounts being accessed or mis-used,

There are many digital password wallet apps/programs which can assist with the process, by generating and storing long, complex and unique passwords.  Some of these wallets now also show where a password has been compromised, or duplicated, meaning monitoring your online security and making appropriate changes is easier.

Avoid using publicly available or widely known memorable data – There is a risk where the memorable data required to recover accounts is data which is available from open source records (for example, maiden names, places of birth, or family members' names can all be obtained with relative ease from the Public Records Office) or which will be known by those close to you, such as a disillusioned partner.  Taking care to generate secure answers will assist with preventing issues arising.

Monitoring alerts - Many online services, including email and social media platforms, issue email or other alerts when accounts are accessed by a new device.  Care should taken to look out for such alerts and changes made when necessary.  Setting up multi-factor or biometric authentication can also assist with preventing unauthorised access to accounts.

Check connected devices – It is common for couples to have their various accounts registered on multiple devices, including shared tablets and computers.  Similarly, devices may back-up to a shared "cloud" account.  Access should be revoked promptly on relationship breakdown and digital back ups secured to prevent issues.

Protecting your online presence – Careful control of privacy settings, and limiting those who can see what you post online or track your location (using Apps like "find my friends"), can assist with minimising your exposure and from accidental sharing of information.  This should not just be limited to social media accounts, as many Apps (for example, Strava) share data with third parties, unless appropriate restrictions are put in place. 

It is also important to consider that once information is shared online, control may be lost – it can be difficult to control what friends/followers share or comment upon, and their doing so may open up access to your data.

Intervention

Whilst being proactive in taking steps to protect accounts and online presence on relationship breakdown can often go a long way to preventing issues, this will not always be the case.  If accounts are accessed without consent, confidential information taken, or online abuse received, there are a number of remedies available. Examples include:

Injunctive relief – The Court has the power to order the return and destruction of data which has been obtained improperly.  It can also make orders regulating how such data is held and used, insofar as it considers the data relevant to the proceedings. 

In cases of harassment, the Court has the power to restrain or injunct improper behaviours and, in certain circumstances, grant damages.  The making of such an Order can prove a powerful disincentive to 'harassing' parties, given further breaches can lead to arrest and, ultimately, imprisonment.

Reporting Restriction Orders – In certain circumstances, the Court has the power to control what can and cannot be said in the public domain by the Press.  Such orders can be used to control or prevent the sharing of private or commercially sensitive information.

Criminal complaints – The mere threat of police involvement can often prove a powerful disincentive to offending parties, however, in more serious cases, the police can conduct full investigations and formally charge offending parties.