Tuesday, March 15, 2016

Is Installing Cell Phone Spyware Technology Legal?

Privacy is a right enshrined in virtually every constitution and therefore you will understand why there has been a lot of buzz as to whether installation of cell phone monitoring software is legal or not. To cut the long story short, violation of privacy is a crime and you can be sued for it. However, it’s imperative to note that the very act of installing spyware technology is not illegal. You might be wondering though, "how to spy on a cell phone legally?" It only becomes illegal in certain circumstances which we are going to cover below.

When is installation of cell phone monitoring legal? 
To begin with, legislation vary from one country to the other but what we can all agree with is that it’s not a crime to install cell phone spy technology on your own phone. You could install the technology to spy on cell phone simply because you want to locate your phone when you lose it or simply because you want to keep tabs on how many messages you send over or receive in a month.

Secondly, installation of cell phone spy technology is legal if you expressly inform the person whose phone you wish to install it in advance. If the owner of the phone had knowledge that the application was going to be installed on their phone, then there is absolutely no legal basis to sue a person if you had prior knowledge that it was being installed.

Is it legal to install cell phone monitoring on a kids phone?
The moral question always rears its ugly head every time a person wishes to install cell phone spyware technology. Let’s face it, telling someone you are monitoring them is an exercise in futility and defeats the very purpose of installing the software in the first place. While installation of cell phone spyware is deemed illegal where an adult is concerned and they weren’t notified prior to installation, the same cannot be said of kids. Generally, kids are the responsibility of a
parent and as such a parent has the right over all gadgets they buy for their kids. It’s the responsibility of a parent to raise their children in the right way and therefore parents can use all means possible to ensure that their children do not engage in illegal activities. If cell phone spyware technology is the answer, then it’s perfectly legal for parents to install cell phone monitoring software on their kid’s cell phones.

Is it legal for employers to install cell phone monitoring software on their employees’ phones?
In a world where confidential company information needs to be kept confidential, employers might be tempted to monitor on their employees. However, as we had mentioned earlier, installation of cell phone spyware technology without informing the employee is deemed illegal. Consequently, there is also a dilemma. Employees would be unwilling to hand over their personal phones for the purposes of cell phone monitoring installation. It’s perfectly legal for employers to install cell phone monitoring software for company issued phones if they communicate in advance to the employees that the activities on the phone will be monitored.

In light of the above, it’s correct to state that worry free cell phone spy installation is legal in certain aspects. However, considering the fact that the law regarding the same differs from one country to the other, it’s highly recommended that you consult a lawyer prior to installation especially if you wish to install it on a partner you intend to monitor. If you are wondering on how best to go about installing the same, buy a new handset, install the spyware of your choice and then hand it to your kid or your partner as present!


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