Almost 40% of the French have already searched for their half’s phone number, including 19% on an occasional or daily basis. This figure is the result of an Ifop survey carried out for the Journal du Geek. In addition to being a morally questionable practice, rummaging through someone’s smartphone is illegal and may be punishable by law.
On a civil level, spying on your partner’s smartphone can constitute a serious spousal offense, and therefore makes “impossible to maintain common life“. More seriously, it can constitute acts of harassment, especially if they are repeated. “We are also talking about marital espionage,” explains teacher Oriana Labruyère, digital law lawyer and founder of La robe numérique. Specifically, the person spied on can sue your spouse and claim interest up to the amount of the damages suffered.
criminally reprehensible
In addition, the Criminal Code punishes “fraudulent access and maintenance in an automated data processing system” with three years in prison and a fine of 100,000 euros according to article 323-1 of the Criminal Code.
It is also quite possible to file a complaint against your spouse, even if you have only seen the content of a single message.
In addition, article 222-33-2-1 of the Penal Code specifies that “the act of harassing the spouse, cohabitant bound by a civil pact of solidarity or cohabitant for repeated manifestations or behaviors that have as their object or effect the deterioration of their living conditions that produce an alteration of his physical or mental health is sanctioned with 3 years in prison and a fine of 45,000 euros.
Finally, if the espionage constitutes a situation of harassment that has pushed the other person to suicide -or to the attempt-, it can reach 10 years in prison and a fine of 150,000 euros, again according to 222-33-2-1 of the Code Penal. Marital status, whether married, PACS, or cohabiting, does not affect judgments.
“fair” evidence
In civil matters, the proof must be “fair”: it cannot be created without the person’s knowledge. To prove that a phone has indeed been spied on, it may be appropriate to resort to a bailiff. Because to prove spying by a spouse, it is obviously forbidden to spy on their own, this would constitute “unfair” evidence.
An example of fair evidence would be to compare, with a bailiff, the connection hours of a smartphone and its owner’s hours, in order to prove that the smartphone was used when its owner was not in a position to do so.
Finally, in the event that the spouses have exchanged secret telephone codes, it will be up to the person spied on to prove that the other did not have the right to do so. “Specifically, the test can be fair from the moment both parties know the devices used,” specifies the lawyer. In the case of a camera installed in a joint initiative, for example”.
Source: BFM TV
