Article 8 & Accessing Phone Information.
Phone hacking is the number one service we get asked about daily; ‘can you get into my partners phone because I want to see who they are messaging?’
The long and short is –
No, we cannot access the locked information on the phone.
No, we cannot access the deleted messages.
No, we cannot secretly turn on location services.
No, we cannot set up voice recording apps without the user knowing.
No, we do not have a super-dupa spy gizmo that can pull up every bit of information in 15 seconds by simply plugging a custom-made gadget into the USB port.
The next question is always ‘Why?’ Well……. It is illegal and goes against the Human Rights Act!
Since the mid 90’s through to the late 2000s there has been a series of high-profile cases from the press, tabloids, law enforcement agencies and unethical investigators carrying highly intrusive methods to gain evidence on murder cases, the latest celebrity story or finding out embarrassing secrets about the local politician.
After the highly unethical intrusion from these types of cases the UK government in partnership with the EU amended a significant portion of the law and the modern GDPR (General Data Protection Regulation) and DPA (Data Protection Act) were born putting on a massive restriction on how data is processed, and information is gained.
Further to this…
Human Rights Act, Article 8 – Right to respect for private and family life.
‘’ Everyone has the right to respect for their private and family life, their home, and their correspondence. This right can be restricted only in specified circumstances.’’
This means in simple terms, if ‘they’ are sending private messages then the messages are to remain private unless ‘they’ wish to officially announce said messages in a non-private fashion.
One of the corner stone cases of Article 8 is Peck v the United Kingdom (2003)
‘’A man suffering from depression attempted suicide by cutting his wrists on the street. CCTV cameras filmed him walking down the street with the knife. The footage was then published as film and as photographs without his consent and without properly concealing his identity. The European Court of Human Rights held that, although the filming and recording of the incident did not necessarily interfere with his privacy, the disclosure of the CCTV footage by the local authority constituted a serious interference with his right to a private life. In this case there were insufficient reasons to justify disclosure of the footage without the man’s consent and without masking his identity. Accordingly, disclosure of the material was a disproportionate interference with his private life.’’ This case is an example of the level of privacy you are entitled to, so it is very black-and-white when it comes to accessing a locked phone to see if your partner has activated a secret dating profile.
Putting it simply; it is illegal to unlock a phone that is not yours to read or recover sensitive information; and no one should be offering this highly illegal service to you!
Please get in touch today on how Tectum Operations can ethically and legally gain the facts and clarity for your situation.
References taken from Equality and Human Rights Commission www.equalityhumanrights.com