Jealousy, lack of confidence, doubts… So many reasons that can push you to spy on your partner’s phone and read their messages. But be careful, because this practice is regulated by law…
Trust is not something that is easily granted, even within a romantic relationship, of which it is supposed to be the glue. What if your partner is hiding something from you? Why does he have his nose glued to his smartphone all the time? What if he found something better elsewhere? In these cases, digging through your phone can be very tempting. It’s there, right next to you. All you have to do is extend your arm to take a quick look. Just enough time to read the latest text message that just appeared or check your social networks.
If you’ve ever succumbed to temptation, know that you’re not alone. Nearly 40% of French people admit to having already done so. A practice which has sometimes resulted in revelations of various kinds: lies, infidelity, consultation of pornographic or dating sites… But we advise you to think twice. Because in addition to being a morally questionable practice, searching someone’s smartphone is illegal and can be punishable by law.
In fact, it is nothing more and nothing less than digital espionage, which can take different forms (access code obtained without knowledge, concealed geolocation, search of photos, etc.). This may constitute a serious marital offense, or even be considered harassment, particularly if these facts are repeated. In this case, we also speak of marital espionage. The person spied on can then sue their spouse and claim interest for the damages suffered.
This practice is condemned by articles 226 et seq. of the Penal Code on attacks on private life, as well as article 226-15, which protects the secrecy of correspondence. Also, “the fact, committed in bad faith, of opening, deleting, […] matches […] addressed to third parties, or to fraudulently become aware of them. is punishable by one year in prison and a fine of 45,000 euros. “The act, committed in bad faith, of intercepting […] matches […] through telecommunications.”specifies the legislation. If this occurs within a couple, the sentence can rise to two years’ imprisonment and a fine of 60,000 euros.
Let us note the importance of qualification “committed in bad faith”. This means that, if the messages are discovered in a non-fraudulent and non-unfair manner, for example by chance, then there is no problem in the eyes of the law. Thus, in the case of a computer shared by the whole family with a common messaging system, or if the message which appears pop-up on the screen, we cannot accept the notion of violation of the confidentiality of private life and fraudulent intrusion. On the other hand, from the moment you enter codes or passwords… Let’s not even talk about spyware!
But why such severity in punishment? Quite simply because regularly searching through your partner’s smartphone is a symptom of control and can be associated with a form of violence. More than half of people who have repeatedly suffered physical violence from their partner reveal that their partner had already looked through their cell phone without their knowledge.
So you have been warned! So the next time you’re tempted to look through your partner’s phone, refrain! Is it really worth it?