The simple answer to this question is “Yes”, if the spy software is used within certain guidelines. Different countries and states have different laws, which is why you should do some research on your country or state’s applicable laws. While this post is credible, you should take it with a pinch of salt. I am not a professional lawyer, so if you are seriously considering spying on someone you should seek advice from a professional lawyer.
Is It Illegal to Spy on Someone’s Cell Phone?
That being said, the simple guidelines are quite similar throughout countries and states. An adult cannot be monitored without him/her knowing and agreeing that he/she will be monitored. Some mobile software companies use phrases like spy on your cheating spouse or track your employees. However, you cannot track any adult if you don’t own the mobile phone and if that person doesn’t know that he/she is being monitored.
Spying on Children
I’m sure many parents worry about their children and try to monitor the phones of their kids. This is a valid argument in my opinion because tracking children can be vital if you’re sending them out on their own.
In most countries and states, you can monitor your children if they are minor even if they don’t know that they’re being monitored, including even reading their facebook private messages without their knowledge. I, personally, believe this can also help parents provide better safety to their kids.
Spying on Employees
Many companies are interested in spying on their employees’ smartphones to make sure that the employees are not wasting time or misusing the company’s resources. Some spy apps might also attract users claiming that their app is effective in tracking employees.
However, the rule here is that spying on employees is legal only if your employee knows that he/she is being monitored and if the company owns the employee’s phone. If the employee agrees that the company will be monitoring him/her, then you can easily track your employee’s phone calls, messages, and other mobile phone actions.
Note that when recording phone calls of employees, all parties of the conversation must be informed that the call is being recorded. This can either be done through a recorded message or through a beep tone. For more information, you can refer to this document published by California state.
Spying on your Spouse
I believe this is an area that misleads many spy software users. Several spy software companies claim that you should purchase their app to spy on your cheating spouse. Obviously, you wouldn’t want to tell your spouse that you’ll be monitoring him or her in order catch them cheating on you.
If your spouse doesn’t know that you have installed a spy software on his/her phone, then this would be illegal. In the US and most other countries, spying on spouses is illegal without their permission. Also, if you get some information through illegally monitoring your spouse, that information won’t be regarded as evidence in the court of law. For more information, you can check out this link.
Spying on Adults
Now, I’ll talk about spying on adults in general. If the person you’re monitoring doesn’t know that he/she is being spied on, then this use is illegal. To spy on someone legally, the person must know and agree that he/she is being monitored.
Different countries have different laws and to understand the issue clearly, I would recommend that you consult a professional when planning on monitoring an adult. Even if you own the phone and the person knows that he/she is being monitored, you should try to seek legal advice just to be on the safe side.
Conclusion
While there are many great spy apps available that you can use to monitor your spouse, employees and children – such as Cocospy, FlexiSPY or mSpy, you might face a legal penalty if you use the software illegally. To be honest, many mobile spy software companies mislead users by claiming things like “spy on your cheating spouse” and give a disclaimer about using the software legally that some users might not read.
You must use mobile spy software within legal boundaries. If you’re not careful and use spy software illegally, you can face severe consequences.
