How to Protect Yourself from Spousal Surveillance and Data Theft During Divorce
Unfortunately, the truth about divorce is that sometimes, it can bring out the worst in people – including serious privacy concerns like spousal surveillance and data theft. Emotions are often running high and there can be difficult feelings involved. This can cause people to act in uncharacteristic – and sometimes unlawful – ways. You may never have suspected that your spouse would spy on you or invade your digital privacy, but in the digital age, it is a real risk to be aware of and look out for.
In fact, spousal surveillance is a very real concern for many people, given the increasingly advanced technology in our world. It’s often said that “there’s an app for everything,” and this is not far from the truth. Unfortunately, this may also include apps and various tools for spousal surveillance – often while the other spouse is totally unaware.
Why Do Spouses Spy?
Unfortunately, there is no clear and concise answer to this question. So often, a spouse who has had their privacy invaded wants to know why – and sometimes there isn’t a clear explanation. Often, it is because one spouse suspects the other of cheating. In other cases, spying may be because of concerns about gambling, drinking, or drug addiction. In other situations, it could be concerns about a mental health issue of some kind.
Whatever the reason, in many cases, spying begins little by little. It could start by checking a spouse’s email account, text messages, or voicemails when they have accidentally left a phone out or a computer open. It could begin by listening in on conversations or obtaining information from others. As a general rule, when suspicion grows, so does the level of spying.
How Do Spouses Spy?
Technology in our world today offers no shortage of options for the spying spouse. Gone are the days of needing a private investigator who followed an unsuspecting spouse around, always lurking a few paces behind. Certainly, there are situations in which private investigators are still hired – but spying by utilizing available technology is easier than ever before.
Spying spouses may use a variety of tools, such as:
Hidden Cameras
Today, hidden cameras can be surprisingly small and easily hidden. Spying spouses may place them in areas where they are unlikely to be noticed, so it is important to be vigilant and look for anything unusual, if possible.
Spyware
The majority of people use their phones frequently throughout the day. Our phones contain a great deal of digital information, and unfortunately, that information can be placed at risk if a spouse has placed spyware on your phone without your knowledge. Spyware apps are available for both iPhone and Android devices, and often, you may not even know that they are on your phone. If your spouse knows your phone password or, at some point, had access to your phone when it was unlocked, it is possible that they could have placed spyware on the phone without your knowledge. Fortunately, there are ways to check for spyware. On Android phones, you can view installed apps in the settings tab or by checking the download folder for suspicious files. For iPhones, a jailbroken device may often indicate the presence of spyware. App purchase history may also reveal suspicious downloads. If spyware is identified, you should remove it immediately. If you are uncertain as to how to do so, seek advice from someone who can.
Hidden Voice Recorders
As is the case with hidden cameras, hidden voice recorders can be tiny and placed in countless locations.
Keystroke Trackers
Sometimes, a spying spouse will install a keystroke tracker on a shared computer. A keystroke tracker can provide a wealth of information to a spying spouse, including sensitive password information for a variety of your accounts.
GPS Tracking Devices
GPS tracking devices can be very small and surreptitiously placed in a vehicle without a spouse’s knowledge. These devices provide spying spouses with a great deal of information – including where you went, how long you stayed, and even how fast you were driving.
Drones
As drone technology evolves, drones are becoming smaller and less noticeable all the time. Often, small, quiet drones can be used to follow potential targets and gather footage without their knowledge.
These are just some of the tools that can be used in cases of spousal surveillance and data theft during a marriage or the divorce process.
What Does the Law in North Carolina Say About Spousal Spying?
In North Carolina, the answer to this question is a gray area. North Carolina law and federal law both address spying behaviors, and some specific statutes and restrictions apply to various activities that may be considered as “spying.”
Federal Law
Federal law relating to spying with the use of technology dates back to the Federal Wiretap Act of 1968, which addressed issues of eavesdropping on telephone conversations, and the law has evolved from there. Today, the Electronic Communications Privacy Act (ECPA) – which includes the Stored Wire and Electronic Communications Act – is the primary federal law that prohibits certain types of electronic eavesdropping and digital intrusion. These laws are federal laws that prohibit certain types of electronic eavesdropping.
The ECPA penalizes those who intentionally eavesdrop on telephone conversations unless a person in that conversation has consented. Prohibited behaviors under this law also include installing spyware on a spouse’s computer or phone without their knowledge, “hacking” into their email account, and other similar actions taken without a spouse’s knowledge.
North Carolina Law
North Carolina also has its own counterpart to the federal law, called the North Carolina Electronic Surveillance Act. This act prohibits the interception of wire, oral, or electronic communications. Additionally, North Carolina has laws regarding computer-related crimes that prohibit unlawful access to another person’s computer or network without their authorization.
In addition to having counterparts to the federal law, North Carolina also recognizes several private causes of action that may apply to spousal spying. “Intrusion upon seclusion,” which essentially prohibits the invasion of privacy, is one example. Other causes of action might include trespass and intentional or negligent infliction of emotional distress, depending upon the circumstances.
Ultimately, while it is good to know that the law does offer protections against the invasion of digital privacy, the best choice one can make is to try to be vigilant about protecting their privacy in the first place. Doing so can prevent a lot of headaches and stress in the long run.
How Can You Protect Yourself?
If all of this seems concerning to you, that’s understandable. If you believe your spouse might be spying on you, you might wonder what signs to look for. That’s a good question to ask. Being aware and staying vigilant is your best defense against spousal surveillance and data theft in a divorce.
To protect your privacy, it can be helpful to:
- Avoid sharing personal account information or storing that information on shared devices.
- Be aware of who has access to your various devices and whether or not they know the passwords to access those devices.
- Change passwords frequently.
- Be on the lookout for any unexpected gifts or changes to your environment at home that could be signs of hidden cameras, recorders, or other spy gear.
- Pay attention to any signs that your phone may be bugged, including odd sounds or interference of any kind during calls.
It’s also important to remember that although looking for these signs can be helpful, technology is still constantly advancing. This means that methods of spying and invading digital privacy are advancing, too. The best thing you can do to continue to protect yourself is to stay vigilant and aware of where your personal information is stored and who has access to it. Be mindful of your surroundings as well. Most importantly, don’t hesitate to seek legal help and even protection for your own security if you believe there is any danger to yourself or those you love from spousal spying.
The Law Office of Dustin McCrary – Here for You
Divorce is never an easy decision – but sometimes it’s the best one. Even when you know it’s the best decision, there will likely be many difficult moments on the journey.
That’s where we come in.
We can’t take away the pain of divorce or eliminate all of the difficult moments – but what we can do is walk with you each step of the way. At The Law Office of Dustin McCrary, that’s what we promise to do.
We understand divorce law and are passionate about helping you find the best solutions for the issues you face. Whether those issues are spousal surveillance and data theft, or any others that you encounter on this journey, we’re here for you and we’re ready to help. Give us a call today. We look forward to speaking with you soon.