Law Prohibits Electronic Eavesdropping on Spouse

 Posted on February 06, 2019 in Family Law

It should be obvious that you are not allowed to break into your spouse’s locked filing cabinet in order to obtain his or her personal documents during your divorce. The same concept applies to digital information. You are not allowed to snoop through your spouse's computer or other electronic devices to find private communications and documents. The evidence you find would be inadmissible in your divorce case, and you could face criminal charges for violating eavesdropping laws. However, you can use digital information that your spouse makes available to the public.

Electronic Eavesdropping

Eavesdropping is the act of obtaining information that a person can reasonably expect to remain private. There are several methods someone could use to eavesdrop on his or her spouse’s electronic communications or access digital documents:

1. Unauthorized Log-In: Many computers and email accounts require a user name and password in order to access them. You may know or be able to guess your spouse’s log-in information, but you are not allowed to log in to his or her private accounts without permission.
2. Hacking: Someone with technical savvy may be able to remotely access a person’s private digital information. Hackers can breach digital security by exploiting system weaknesses or sending an email with malicious software. Hacking into your spouse’s digital devices is a major violation of his or her privacy.
3. Monitoring: One goal of gaining access to someone’s digital device is to install software that can track and record private conversations. If someone’s spouse was previously allowed to use a device, he or she could have installed spyware. Monitoring your spouse’s emails, texts, phone calls, and video chats is a definite violation of the eavesdropping law.

Public Information

Social media has become the big exception to the eavesdropping laws that restrict access to personal information. Your spouse cannot expect information to remain private if he or she posted it publicly on Facebook or another platform. It is legal for you to watch your spouse’s public social media activity to see if he or she says anything that may be relevant to your divorce.

Contact a Kane County Divorce Attorney

You may feel tempted to illegally access your spouse’s private communications if you believe he or she is hiding something from you. However, there are legal means of obtaining documents that your spouse is refusing to turn over. A St. Charles, Illinois, divorce attorney at Goostree Law Group can help you file a formal request for documents and information that are vital to your divorce. Schedule a free consultation by calling 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+14&ActID=1876&ChapterID=0&SeqStart=34200000&SeqEnd=35400000