What illegalities do you commit if you spy on your partner’s cell phone?

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37% of Spaniards acknowledge having at some point read the messages received by their partner, according to a GAD survey carried out in 2024 for Informativos Telecinco. Some go further and are capable of installing spyware on their mobile to spy on everything they do, something that is completely illegal. This type of technological control is an invasion of privacy and can even be considered domestic or gender violence on some occasions.

Trust is a fundamental pillar in any love relationship, but it is not always present. When jealousy becomes toxic, there are abusive people who break the barrier of legality and try to control the conversations, calls and movements of their partners, completely invading their privacy.

Both technological control, which is often accompanied by manipulation tactics or threats, and espionage, of which the victim is usually unaware, are illegal practices. If your partner is trying to control you through what you do on social networks or your calls, you can report it.

mobile spying illegality

Spying on or controlling your partner’s cell phone is not legal

According to the Spanish Penal Code, all the information collected on a smartphone is part of the owner’s private and intimate sphere. Therefore, it is legally protected and no one can access its content without your permission, not a partner, not a friend, not a family member.

That is, you cannot check your cell phone or install applications to spy remotely or enter social networks, even if you know the password, if you do not have the consent of the person involved. Doing so would be an invasion of privacy.

The Simó Abogados website details that, depending on the severity of the action, anyone who breaks the law could face up to 4 years in prison and fines of up to 24 months.

It may also be the case that the couple controls the cell phone and the other person knows it. She may make the excuse that she does it for love or for your safety, but in reality they are mechanisms to limit her freedom and keep her under control. In this case, it would be a type of emotional abuse or gender violence and you should also report it.

How to prevent them from spying on my cell phone?

If you discover that someone around you is secretly gossiping about your smartphone, the best thing you can do is change the lock pattern and passwords. Maybe at some point you have given him your passwords and you are no longer interested in him knowing them, or he has found out without you knowing. It is not always necessary to resort to a complaint, sometimes it is enough to modify the credentials.

mobile security prevent spying

You can also activate two-factor authentication to make sure that even if they know your password on Instagram again, they can’t log in from their mobile, for example. Another way to protect your conversations is by blocking access to specific applications, such as WhatsApp, which allows this function from its own settings.

Additionally, if you suspect that your partner or a family member has installed an activity monitoring app, delete it immediately. The best thing is to try to talk to the person who put that app on your mobile, but there are cases in which there is mistreatment or threats when doing so. If that is your case, it is recommended that you try to contact the authorities to report it. Technological control can be a type of abuse and is a violation of privacy when done without our permission. The law should be on our side and protect us in these situations.

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