Is It Illegal To Spy on Someone?

Whether you’re a worried parent, a concerned spouse, or an employer, there may be situations where you want to keep tabs on someone else. But is it allowed?

The legality of spying and surveillance is a difficult topic with many moving parts and gray areas. While publicly observing someone in the park for a minute or two may not be illegal, recording their actions on camera without their knowledge certainly is.

If you’re looking to use a spy app to monitor someone else for any reason, knowing the legal ramifications of spying ensures you operate within the law.

This comprehensive guide covers privacy and spying laws, the ethics of spying, why and how people spy, and how to protect yourself from illegal spying.

Table of Contents Table of Contents

1. Key Takeaways
2. How We Researched This Topic
3. What Is Spying?
4. Is Spying Illegal?
5. Privacy Laws Surrounding Spying
6. Legal Consequences of Illegal Spying
7. Why Do People Spy?
8. How Do People and Organizations Spy?
9. Legal Implications of GPS Tracking
10. Protecting Yourself From Illegal Spying
11. Conclusion
12. FAQs
13. References

Show Full Guide

Table of Contents

1. Key Takeaways
2. How We Researched This Topic
3. What Is Spying?
Show Full Guide
4. Is Spying Illegal?
5. Privacy Laws Surrounding Spying
6. Legal Consequences of Illegal Spying
7. Why Do People Spy?
8. How Do People and Organizations Spy?
9. Legal Implications of GPS Tracking
10. Protecting Yourself From Illegal Spying
11. Conclusion
12. FAQs
13. References

How We Researched This Topic

To create this guide, we reviewed spying-related laws, frameworks, and regulations worldwide. We also reviewed key statistics to better understand how many people spy, why they spy, and what they use to spy.

What Is Spying?

Spying is a broad term that covers the actions a person or organization takes to monitor someone’s activity and movement or to gain information from them without their knowledge.

It encompasses everything from:

• Recording private phone conversations
• Looking at confidential information
• Following someone in public
• Installing a camera or microphone in someone else’s home
• Hacking a computer to find personal details
• Eavesdropping on a public conversation
• Using tracking software to keep tabs on friends or family

Spying can be relatively harmless , like a friend keeping tabs on another to see if they’re lying about who they’re hanging out with, or incredibly serious, like a foreign agent infiltrating a government organization to expose highly confidential secrets.

Is Spying Illegal?

Now that you’ve got a better idea of what spying is, is spying illegal? That’s a difficult question to answer, as the legality depends on context. Some types of spying aren’t likely to break any laws or rules, while others do. For instance, while casually hearing a few words in a passing conversation isn’t illegal, recording another group of people without their knowledge is.

What constitutes illegal spying also depends on the location. For example, someone would have a reasonable expectation of privacy on their private property, such as in their living room or backyard, but not at the grocery store, attending a football game, or in another public area.

When it comes to government surveillance, the right to privacy can be waived. For example, spying on unaware parties may be legal if it advances national security or aims to catch illegal or criminal activity, but not if it just advances personal or corporate interests.

Privacy Laws Surrounding Spying

There are plenty of laws related to spying, but different parts of the world have varying rules, regulations, cultural attitudes, and laws about spying.

Privacy Laws in the US

In the US, both state and federal privacy laws exist. While many states abide by the same rules, some laws vary from state to state.

State Privacy Laws

One area where states differ is phone call recording laws. In the US, most states have either one-party consent or all-party consent. One-party consent means that only one person on the call needs to consent to it being recorded for it to be legal. All-party consent only allows call recording if all parties agree to it.

Across the US, 37 states require one-party consent for in-person conversations, and 11 require all-party consent. A few states have mixed or ambiguous laws. For example, Nevada requires one-party consent for in-person conversations but all-party consent for calls and texts. Oregon requires all-party consent for in-person conversations but only one-party consent over the phone. Vermont doesn’t have a clear rule or law regarding recording consent.

Many states also differ in how they handle people privately using location-tracking devices. There’s no overarching federal law, so each state is allowed to have its own rules. According to the National Conference of State Legislatures, 26 states (plus the District of Columbia) have rules for using location-tracking devices.

States like Arizona, New York, Illinois, and Washington have the rules for location tracking bundled into their respective stalking laws. Others, like California, Florida, Hawaii, and Louisiana, have specific and comprehensive laws surrounding tracking people without their consent.

Federal Privacy Laws

The Electronic Communications Privacy Act (ECPA) is the most comprehensive law regarding online privacy in the US. The ECPA protects all oral, wire, and electronic messages. This law was created and amended to promote the privacy of citizens and ensure the safety of personal information. It covers wiretapping, eavesdropping, phone hacking, intercepting messages, and more.

Next, there’s the Health Insurance Portability and Accountability Act (HIPAA), which specifically protects your health information. All healthcare providers, hospitals, doctors, and insurance companies must abide by this rule.

It ensures you give consent for healthcare providers to disclose information to others and requires the provider to let you know how they will use your information. You can also request restrictions on how your information is used or disclosed.

The Privacy Act of 1974 also established rules for how government agencies can collect, use, and disclose personal information.

Privacy Laws Around the World

According to the UN, 71% of countries have privacy laws and legislation, 9% have draft legislation, and 15% have no legislation (the remaining 5% have no data available). Some nations with no legislation in place include Venezuela, Cuba, Bangladesh, Afghanistan, Libya, Sudan, Sri Lanka, and Belize.

Here’s a brief guide to major data protection and privacy laws worldwide.

Global Data Protection Regulation (GDPR)

This European law gives people control over their personal information. It holds a company responsible for how it stores and uses customer information and applies to any global company processing data of EU residents. The law protects a wide variety of data, such as race, health details, religious denomination, and sexual orientation.

Personal Information Protection Law (PIPL)

PIPL is a Chinese law that aims to protect personal information and address the problems that arise from data leaks. It applies to any company that processes Chinese citizens’ information. The law protects sensitive information like medical data, financial accounts, location, and other details that may be used to discriminate or harm someone.

Federal Act on Data Protection (FADP)

In Switzerland, this law protects people from having their personal data used excessively. It applies to any global company handling data featuring Swiss citizens and requires consent from data subjects. The law protects various kinds of data, including biometric and genetic data, political views, health, and religion.

Information Technology Act 2000 and SPDI Rules

This Indian law mandates that all companies have proper security procedures and measures in place to protect personal data. Companies need a privacy policy that details what data is collected and its purpose. The sensitive information that this law covers includes passwords, health conditions, medical records, and sexual orientation.

Cultural Attitudes

It would be fair to assume that different nations and cultures have varying viewpoints and perceptions regarding spying and surveillance. However, a 2023 survey of tens of thousands of respondents from over a dozen countries examined how important smart home safety and security were to people.

The study sought to determine how worried people were that devices were spying on them and the importance of home security in the context of a smart home.

Smart homes are popular worldwide, and one of their main benefits is enhanced security and home safety. This additional security is normally thanks to internet-connected cameras inside and outside the house.

The results showed a distinct tolerance for smart devices when used for home safety despite their potential for spying and data collection.

Here are the responses by country:

Legal Consequences of Illegal Spying

If you’re found spying illegally, there are potentially harsh legal consequences. The exact punishment depends on the type of illegal spying you do and the specific law you break. For example, if you violate 18 U.S. Code 2511 (Interception and disclosure of wire, oral, or electronic communications prohibited), you face up to five years in prison and a fine.

If you break 18 U.S. Code 2701 (Unlawful access to stored communications), you could face a fine and be anywhere from one to 10 years in prison. Violating the ECPA could mean up to five years in prison and fines of up to $250,000.

Outside of criminal charges, you could also face civil lawsuits for invading someone’s privacy.

Why Do People Spy?

There are many reasons why people spy on others. Let’s explore some of the popular ones below.

They Think Their Partner Is Cheating on Them

One of the main reasons people spy on a partner is because they think they’re cheating. Cheating is, unfortunately, quite common. According to YouGov, 33% of people have cheated on their partner physically or emotionally.

If someone doesn’t trust their significant other to be faithful, they may follow them around, try to look at their texts, or even track their location in some cases. People may do this because they expect to find something or to ease their worries and doubts.

According to research, 62% of Americans and Canadians admit to spying on their partners online, either by checking their texts, tracking their location, viewing search history, or even installing monitoring software. While some of these people have an agreement that allows that, >41% of them didn’t ask their partner for permission.

Another 50% of respondents say they monitor their partners offline by reading their journals or diaries, searching through personal belongings, or following them to see what they’re doing.

They’re Worried for Their Friends’ or Family’s Safety

Many people also spy on others to ensure their safety and well-being. Knowing the location of friends or family members can provide peace of mind and enable or maintain independence for growing children or elderly parents.

According to the research mentioned in the previous section, 50% of respondents agreed or strongly agreed with the statement that monitoring their significant other’s online activity or location makes them feel like they’re safer.

They’re a Concerned Parent

Another common type of spying occurs when parents spy on their children. According to a study, nearly 90% of parents are worried about the content their children are exposed to on their phones.

75% of parents admit to snooping on their children’s devices to see what they’ve been doing. Of this group that spies, 84% feel it’s within their rights to look, as they’re doing it for the child’s safety. Not only that, but 60% of parents feel that children have no right to privacy on their devices.

They’re Involved in a Professional Investigation

Law enforcement and other government agencies often use spying in their investigations. They do this to get information on criminal organizations or individuals who regularly engage in illegal activity and/or harm people. The justification for lawful spying and surveillance is to reduce criminal activity and improve national security.

They’re Worried Their Staff Aren’t Working Efficiently

In some cases, employers may also spy on or monitor their teams, often fearing that employees aren’t working hard, wasting time at work, or not handling duties correctly.

However, there are still rules in place to protect employees’ rights from employers. For example, while an employer can legally monitor your activity on a work computer, they generally can’t do the same for a personal device without getting permission first.

How Do People and Organizations Spy?

There are multiple methods that people or groups use to spy on others.

Cameras

One of the most popular ways to spy is to use video surveillance. In fact, the global video surveillance market is growing dramatically, from $35 billion in 2022 to a projected $62 billion by 2027.

However, keep in mind that a majority of these cameras are often placed in and around stores, warehouses, malls, and other buildings for security reasons. While this type of surveillance is legal, cameras are also used illegally.

For example, while you can set up cameras to record in your home, placing hidden cameras in another person’s home is illegal. People use hidden cameras to record others without consent, capture sensitive information on a phone screen, or invade their privacy in another way.

Wiretapping

Wiretapping involves using a device to listen to phone calls without the caller’s knowledge. Modern wiretapping also refers to spying on electronic communication, such as emails, private messages, text messages, and more. People who wiretap often do it to gain access to sensitive data or reveal private information about a person or organization.

Spyware

Spyware is software that is downloaded to a person’s phone or computer without their knowledge to gather private information or data from it. It can also be used to spy on cell phones.

Many types of spyware can steal your data and relay it to another person or company without your knowledge. These include keylogging software, system monitors, screen recorders, rootkits, adware and GPS phone trackers.

Spyware can infiltrate devices in countless ways. These include clicking links, downloading a shady app or program, opening an email attachment, or having a physical device connected to your phone or computer while you’re not looking.

Monitoring Software

Many employers use monitoring software to track employees’ online activities. They do this to ensure workers stay on task and don’t waste time at work watching videos, playing games, or browsing the internet. The way this software works varies on a case-by-case basis.

Some track all websites a computer visits, while others calculate how much time is spent on certain apps or programs. They can also track emails, take periodic photos of the screen, log keystrokes, and even access webcams in some instances.

Eavesdropping

Eavesdropping is generally innocent enough, but it’s also a way for people to listen to private conversations to collect information. No matter where you’re having a conversation, if others are around, they could be eavesdropping.

A YouGov study on spying found that 25% of British people actively listen to conversations they overhear, and 14% have secretly recorded another person without their knowledge.

Observing in Public/Following

Perhaps the most traditional method of spying is just following someone around and observing them in public. It’s relatively easy to blend in with the surroundings (either on foot or in a car) and spy on people without them noticing.

However, people following others need to be very careful, as spying this way can also easily lead to or turn into harassment or stalking, which are generally seen as serious legal offenses.

While states have their own statutes around stalking, there’s a federal law (18 U.S. Code 2261A) that prohibits stalking. While it largely focuses on threats, harassment, and intimidation, it also mentions surveillance.

GPS Devices

GPS devices track a person (or their vehicle/belongings) and provide access to their location. They’re attached to vehicles and keychains and put into purses and pockets. In some cases, suspicious partners use cheating spouse tracking apps. These apps let people see where their partner is and give access to texts, calls, and the messages they’re sending online.

Legal Implications of GPS Tracking

GPS tracking is becoming increasingly popular. The global tracking device market is currently around $3 billion and is expected to grow to nearly $6 billion by 2028.

While plenty of that spending is from companies buying devices to track vehicles or employees, there are also individuals using GPS tracking devices for nefarious purposes. Using a GPS tracking device is often an invasion of privacy, especially if it’s placed on another person or their belongings without their knowledge.

For example, it’s illegal to place a tracking device on your significant other’s car or in their bag, pockets, or wallet without first getting their approval. Just like with all types of illegal spying, illegally tracking someone with a GPS device comes with penalties that range from a fine to jail time.

However, there are cases where GPS tracking is legal, such as when a business tracks its fleet of vehicles or company-owned mobile devices.

Protecting Yourself From Illegal Spying

If you’re worried someone’s spying on you, there are a few things you can do to protect yourself.

Be Aware of Your Surroundings

>Firstly, ensure you’re always keeping your wits about you and paying attention to your surroundings. Be aware of those around you and how close they are before speaking about potentially sensitive information or accessing it on your phone.

We’ve all opened text messages and/or entered a password on our devices in public, and all it takes is a person glancing over your shoulder for data to get compromised.

To ensure you’re truly safe, it’s a good idea to only speak about, access, or reveal secret personal information in a setting you trust and with people you’re comfortable with.

If something about your surroundings seems off, trust your gut and move to a new location (being sure to watch for people following you, of course) or exercise more caution than usual, knowing you might be being watched or listened to.

Secure Your Devices

While offline spying and tracking still happens, lots of it occurs online. People can track your phone or computer using various methods, and the only way to ensure you’re protected is to secure your mobile phone or other device.

Firstly, ensure you have strong passwords for all your accounts and devices. They should be long, contain different kinds of characters, and be unrelated to you and your interests so they’re as difficult as possible to guess.

Consider using biometric authentication, such as a fingerprint or face scan, to ensure that only you can access the device. Enabling two-factor authentication adds an extra layer of security and makes it harder to access your accounts.

Next, consider using a Virtual Private Network (VPN). A VPN establishes a secure and private connection between a remote server and your device. This masks your IP address and makes it more difficult for hackers and other cybercriminals to track your online activity.

In addition to maintaining proper security best practices, you must be careful when using the device. Strong passwords and two-factor authentication don’t mean anything if you download spyware by clicking an email attachment or getting tricked by a phishing link.

Always watch out for scams, and if you doubt a link, attachment, or file for even a second, don’t open or download it.

Know Where To Look for Cameras, Mics, or Tracking Devices

If you feel someone’s watching you, listening to you, or tracking you, it’s important to know where to look for items like cameras, microphones, or tracking devices. Hidden cameras and mics are often put inside homes, offices, and other buildings to track those inside. While they could be anywhere, some of the most common spots are:

• In light fixtures
• Behind wall pictures or clocks
• Inside a lampshade
• Under a table
• In a drawer or cupboard
• Hiding behind other items on a shelf
• In or behind a flower pot

For tracking devices, they’re generally attached to your vehicle. A few of the places to check include:

• Inside the bumper
• Under the grill
• Under the dashboard
• Under the car
• On the roof
• In the glove compartment
• Under some fabric in the vehicle

With the availability and affordability of tracking products like AirTags, it’s easier than ever for someone to attach the device to your phone or toss it in your wallet or pocket to track you. As a result, always check your belongings to ensure nothing concerning is on or in them.

Conclusion

Whether you’re worried about a partner cheating, a child’s online safety, or an employee slacking off, you may think that spying on them is the right way to go. However, it’s important to know the legal implications of spying, what’s allowed, and what’s breaking the law.

While some forms of spying are perfectly legal, others have serious potential consequences, such as fines or even time in prison.

If you want to learn more, check out our guides to parental control apps, the best spy apps, and statistics on employee monitoring around the world.

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