Furthermore, spy apps and unauthorized access to devices can result in legal consequences. Software allows full control over the victim's camera, microphone and location.
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Highlights
- Monitoring someone else's cell phone is a crime and can result in severe penalties.
- Law specifies crimes of device invasion and stalking.
- Experts warn of privacy violations and legal consequences.
Jealousy, control or harmful intentions, in principle, regardless of the reason, spying on devices such as cell phones or computers is illegal, certainly characterized as “stalkerware”, a union of stalking and spyware.
Using spy apps allows full access to the victim's device, including taking photos, recording audio and calls. Using someone else's cell phone without authorization is also a crime.
Crime and Legal Consequences
There are three legal articles that address this criminal practice:
Article 10 of Law 9,296
Intercepting communications without judicial authorization is a crime, punishable by imprisonment of 2 to 4 years and a fine.
Article 154-A of the Penal Code
Hacking a device to obtain data without authorization is punishable by imprisonment of 2 to 5 years and a fine.
Article 147-A of the Penal Code
Stalking someone, invading their privacy, constitutes a crime punishable by 6 months to 2 years in prison and a fine.
Violating constitutional guarantees, the invasion compromises the victim's privacy and image, explains Iolanda Garay, president of the National Association of Internet Victims (Anvint).
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Espionage Methods and Signs of Infection
Still, tricking users into downloading spy apps is possible, but remote methods are expensive and generally used more in police investigations, says Iolanda.
Scammers often need physical access to a victim's device to infect it.
“The boyfriend, husband, spy, he wants to have access, to control that person’s life. So he gives her a gift that has already been ‘christened’. The cell phone is sealed and there is no way for her to know that it is infected, if she doesn’t do a check”, he explains.
Furthermore, if the spy lives with the victim on a daily basis, he can take advantage of moments when the cell phone is unlocked to download a spy app.
Identifying an Infected Device
Initially, the spy software is not visible in the application tray, making it difficult for the victim to detect it, as explained by lawyer Patrícia Peck, who specializes in cybercrime.
Although some things may start to look strange on the device, Wanderson points out. See more in the art below.
Crime and Relationships
- Partners: Access to the device requires prior agreement; otherwise, it is a crime.
- Country: Monitoring of minors is permitted, but with ethical limits.
- Corporate: Companies must inform employees about device monitoring.
The law establishes limits for access to devices, depending on the context, whether in relationships or corporate environments.
Legal Actions and Recommendations
First of all, if espionage is suspected, it is crucial to seek a specialized expert to investigate. Evidence can be used in a police report and presented to the Public Prosecutor's Office.
Wanderson also recommends that, from now on, when receiving a cell phone as a gift, you perform a factory reset, deleting any hidden applications.
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