“His phone was next to me on the sofa. The screen lit up. Was I allowed to look?”
It might be the single most common question we get, and the answer is more nuanced than people usually hope.
What does the law say?
A phone is personal property, and its contents fall under the right to privacy. Searching someone else's phone without consent, especially if a passcode needs to be bypassed, can be classified as unauthorised computer access. This applies between partners too.
Why this is risky, even beyond the legal side
Even if it never leads to a criminal case, the fact that you went searching yourself can affect the situation: your partner becomes suspicious and adjusts their behaviour, making a future investigation harder. And evidence obtained unlawfully often carries less weight in court, or may be disregarded entirely.
What is allowed?
Research using public sources (a publicly visible social media profile, for example) is a different matter than searching a locked device. Professional, lawfully conducted research (surveillance, OSINT within legal limits) can also produce evidence without these risks.
Our advice
Feeling the urge to search yourself? Get in touch first for a free conversation. We can often achieve the same (or better) result in a way that holds up, both legally and for your relationship, whatever the outcome.
