Is Going through Someone’s Phone a Crime?
In today’s digital age, our cellphones have become an extensions of ourselves, containing precious and intimate information. Naturally, many of us concern ourselves with the question – is going through someone’s phone a crime?. This article aims to shed light on the controversial issue and provide a well-informed answer.
Contents
What Constitutes as Invasion of Privacy in Cellphone Use?
Before we diving into whether going through someone’s phone is a criminal offense, it’s important to define what constitutes invasion of privacy in cellphone use. Courts and jurisdictions have established precedent by classifying the illegal disclosure, use, communication, or examination of proprietary, personal, or confidential cellular communications, including text messages, emails, and mobile calls.
Key Determinants:
• Physical entry or unauthorized access;
• Exposure to confidential digital contents (e.g. photographs, videos, data, messages);
• Circumventing security measures;
It is essential to examine whether a person’s constitutional and statutory rights are undermined in this context.
Case Laws and Juridical Clarifications
International criminal courts and national Supreme Courts have addressed the nuances of invasion of privacy by providing valuable insights:
US Supreme Court Example:
In Case Rebozo v US, 364 US 911 (1969) it was established:
"Criminal liability for conspiracy arises from the intent… ‘to commit and actually commit it; [emphasis added]: if they did not know for a fact that information to which they had intended and was necessary to that effort existed, they clearly didn’t have the mens rea’.
It further emphasized that liability also depended on the foreseeability of the consequences’ *."
European Cases: Examples include:
C‑291/12 " Scarlet Extended SA v [Association for the Protection from Electronic Abuse]" (eCLI:EU:C:E:C:2014). [PDF]
EPRS Policy Department for Culture and Education
Case reference: C(2001) 364 (25.10 01); C(07)
Austria, where breach of privacy is committed and if the person " has accessed the data unauthorized," criminal liability is the order.
*Citations in the United States and Europe, they consistently illustrate that unauthorized mobile surveillance is a recognized infringement on privacy"
Criminals and data misuse.
