Is it illegal to track a cell phone without permission?

Is it illegal to track a cell phone without permission?

We often find ourselves in situations where someone close to us faces cyber threats or kids lie to us because of strange social media activities.

As business owners or a parent, it concerns many people how to keep checking on their employees or kids to protect them. So, this is when these same people start thinking about reliable ways to track a cell phone without permission.

 But the question remains: Is it illegal to track someone’s phone without permission?

Before we get to the answer, you need to understand the laws of cell phone privacy.

Understanding Cell Phone Privacy Laws

Understanding cell phone privacy regulations are crucial whether you’re trying to safeguard your talks or are wondering how to monitor your children’s phone conversations. Although these laws differ in each state, there are certain similarities among them.

The two main areas of interest for most people are the ability to track a person’s physical location via their cell phone and the capability to record (or intercept) cell phone conversations. There are many nuances to the laws regulating cell phone use, monitoring, and privacy.

US laws for Phone Privacy

When utilized appropriately, mobile spyware applications are legal. However, when they are misused, they violate U.S. Federal eavesdropping laws.

Initially, “wiretapping” meant attaching a listening device to a person’s phone and listening in on their talks. The telephone call’s transmission line is referred to as the “wire” in the term “wiretapping.” Congress established legislation making this kind of conduct unlawful in the 1960s.

Due to the expansion of communication channels, current “wiretap” rules cover much more than just listening to phone calls.

So, if you get to know the law, you will know that spying on someone is illegal, especially if it involves minors. However, since they primarily utilize technology for their children’s safety, parents who track their children’s phones won’t be treated the same way.

Situations Where The Law Mostly Permits Tracking Someone Phone

With Permission:

If you explicitly ask the person you want to track if it’s OK to do so, and they give you their explicit agreement, you probably haven’t violated any phone privacy laws. Theoretically, this means that you are permitted to use a monitoring app to keep an eye on your spouse or friend as long as they know that you are watching them and have given you permission.

Monitoring an Employee:

If a person works for the company, is it unlawful to trace their phone? Yes, but not always. Many businesses monitor their employees’ phones, Internet, and chat habits without violating any laws protecting phone privacy.

How do they avoid being noticed? By requiring employees to sign paperwork confirming that they give the employer permission to monitor them. Utilizing company-owned equipment makes it incredibly simple for an employee.

If You’re Protecting Your Child:

Is it prohibited to follow someone without their consent? You can use monitoring software without telling the person you wish to keep an eye on if they are your child, under 18, and living in your home. Numerous jurisdictions have this situation.

However, because laws vary from place to place, it’s crucial to research local regulations before keeping an eye on your own child.

How Can One Track Someone’s Location Remotely?

Ways to Discover if Your Phone is Being Tracked

You should be aware that you are being tracked all the time; if there is one thing about the technology, you should know. Of course, not exactly by real, live people, but rather by the gadgets you frequently use. You continuously divulge your information to outside parties, whether through your social networking app, where you most recently logged a live check-in, or your GPS app, which tells you where the closest eatery is.

If you’re really interested in finding out if your phone is being tracked, you must watch out for the following signs.

  • Faster Battery Drain
  • Increased Data Usage
  • Uncharacteristic Overheating
  • Unauthorized Phone Activities
  • Sudden Performance Deterioration
  • Detecting A Jailbroken iPhone
  • Detecting a Rooted Android


Can Your Phone Be Tracked If It Is Switched Off?

Even in case your phone is off, it may still be tracked. For instance, the last cell tower your phone’s signal traveled through can be used to determine your last known location.

Additionally, you may track Bluetooth whereabouts and iCloud’s Find My Phone functionality.

Is Tap, Hack, Or Monitor Your Spouse’s Phone Legal?

Hacking, tapping, or spying on your spouse’s phone without their consent is STRICTLY prohibited.

By employing software to monitor their behavior, many people are tempted to tap their spouse’s phone. This frequently occurs when someone has recently seen aberrant behavior or is thinking about getting a divorce and wants to use any evidence they can gather to their benefit in court.

If you’ve previously done this, you cannot utilize any information you discovered in a divorce or custody dispute without their consent.

How Can I Find Someone Location?

Before technology was as sophisticated as it is now, you had to ask the mobile network provider’s permission and assistance to find a phone number’s location. Fortunately, the situation is better now.

If a person has GPS on their phone, as most people with smartphones do these days, it is viable to determine their whereabouts with a suitable app and a dependable net connection.

Bottom line

Now you know about the rules and laws. If you have the temptation to track a cell phone without permission, you might think about your purpose and application options. You are good to go with spy apps if you’re worried about kids’ or company data. However, you might reconsider your ethics.

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