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Opening Mail

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ed241 | 18:27 Mon 02nd Feb 2009 | Law
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(Incident that happened to me recently) Is opening then keeping as reference, a persons mail bank statment a crime after the person throws it in the garbage?
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Could technically be theft, I suppose, but who has been permanently deprived?
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Well to clear things up more. I found several of my bank statment while getting papers for my printer all hidden in the corner of the box. I approached the person and person claims that it was in the trash. Trash or not in trash, this person went in their way to open my mail and kept it for their reference. I felt violated. Is it a crime?
What were you thinking of throwing away your bank statements. They should be kept for quite some time, not sure how long but I keep mine for 6 years. As they are private and personal documents of yours no-one has the right to take and keep them.
It's six years for tax purposes.

As for the original question, I would be interested to hear from legal experts but I would have thought if things were in the trash (and outside the house or office) then you probably do lose the right to privacy. It's your responsibility to shred them first if you don't want to risk someone else reading it. On the other hand I'd have thought if the "trash" was still inside your own house you probably have an expectation of privacy.
Question Author
Well, I have an online bank account that shows my activity over the years and I make copies off that resource. So I really had no use for mail in statements. That is why I threw away my mail in statements.

I have gone paperless ever since the incident, but still feel violated by the act the person committed against me(if it was in trash, person went out of their way to pick it up and keep it?) and wanted to see all of your thoughts on the situation.

All personal documents you no longer need should definitely be shredded. If you don't have a shredder, you can soak the papers in a bowl of water, squeeze them out and they will be unreadable, then put them in the trash. It really is sensible to protect yourself in this way, as some unscrupulous person could commit fraud against you once they have your bank account number.
Question Author
Yes, very true. Irresponsible in my part. Thanks for all prevention suggestions.

So, my question is. Is it still considered a crime to take my mail that is in the trash(everyone uses, like mailbox)/ in the house we are renting/ and keeping it in their file box(Which I found it in)?
Question Author
hmm hold on. So if they have my personal information(bank statment) and can possibly commit fraud, then it would be considered a crime. right?
Well now that you have explained that you are sharing rented accommodation, with one trash deposit, that everyone shares, your question makes more sense.
You should reasonably be able to expect that no other person should go rooting through the trash for items that you have discarded, (notwithstanding that you shouldn't have discarded such items in the first place). The worrying thing about all this is, that a person has removed these items and kept them in their own personal file box, to what purpose is open to suspicion. Particularly, as your question implies that you had dropped the envelopes containing the bank statements into the trash unopened. The person concerned had no way of knowing whether you had dropped them in the trash accidentally. To try to cut a long story short, it is definitely an offence to open, read, and keep someone else's mail. It might be worth talking this through with a solicitor, most of whom will offer a half-hour consultation for free. And the last bit of advice - be more careful in future. Good Luck.
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I appreciate it everyones advice. Thanks again!

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