Is it legal for my wife to break into work cell phone to get information on me?

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Is it legal for my wife to break into work cell phone to get information on me?

Is it legal for my wife to activate my work cell phone which has a security password to login? She got my password without my permission to check texts and emails to try to get information on me to use in our divorce. I have been told it is a federal offense to break into a business cell phone.

Asked on September 26, 2010 under Personal Injury, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are all sorts of issues that come up here.  Tampering with personal property (I assume that your employer owns the phone), wiretapping issues, hacking issues - all of which can be viewed as "illegal" under many sets of circumstances.  I would strongly suggest that you seek legal counsel in your area.  Perhaps you have already filed for divorce or sought consultation from an attorney in a divorce action.  You should do so now if you have not and you should discuss with him or her the goings on of your wife with regard to your work phone.  Ans if they suggest that you file a criminal complaint then decide of this is the avenue that you wish to pursue.  But your employer may need to get in on that game, so to speak, so think about if you really want to drag your job in to your divorce.  Good luck.


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