Locating your cell phone: Legal or illegal – what is allowed and what is not

1. This is what the Telecommunications Act says

2. Cell phone tracking of children

3. Cell phone tracking in law enforcement

4. Rights of those affected

Is cell phone tracking legal? Thanks to services such as GSM, GPS or the WLAN module, modern smartphones can be localized to the nearest meter. A blessing if you forgot your beloved phone on the train or lost it while partying. But is that even allowed?

Because your own cell phone is not always tracked. You could also use location services to check whether your partner is actually going to football with friends or whether he is seeing someone having an affair. Tracking children and teenagers is also a function that might help parents sleep a little better. The Telecommunications Act in Germany protects you from unauthorized location tracking.

Locating cell phones legally: This is what the Telecommunications Act says

The Telecommunications Act (TKG for short) stipulates the following in paragraph 98 regarding cell phone tracking:

• Express, separate and written permission is required for the transmission of location data to third parties.
• The person located must be informed of the process via SMS each time the location is located. Unless the location data is only transmitted to the located device.
• The fine is issued to the operator of the location service, as they are responsible for both obtaining the written consent and sending the text message.

The following applies: Locating third parties via smartphone, tracking device or other equipment is not permitted without express written consent. However, you can locate your own device if it is lost.

Mobile phone tracking legally: mobile phone tracking of children

There is an exception to the question of whether parents may pursue the child without their consent. Here you find yourself in a legal gray area. On the one hand, the child also has a right to informational self-determination and must therefore be able to take the freedom not to be monitored by their parents. On the other hand, for younger children who are still minors, protective rights and the parents’ duty of care predominate.

As a rule, children’s smartwatches, cell phones and the associated contract are the property of the parents and not the child. Therefore, they could be located without any problems before 2012. However, the relevant paragraph was changed in an amendment from 2012. Tracking is not permitted even if you bought the cell phone and signed the cell phone contract yourself.

Locating cell phones legally: cell phone tracking in law enforcement

Apart from this gray area of ​​parental cell phone tracking, the police may carry out location tracking using a cell phone, tracking device or other devices without the consent of the individual. This is allowed in the following cases:

• To solve a crime.
• To rescue missing or threatened people.

However, the authorities must have judicial approval for this.

Legally locating cell phones: the rights of those affected

If you monitor someone without consent and without a legal basis, you are committing a criminal offense according to current standards. Those affected can sue for an injunction and claim damages and compensation for pain and suffering. Criminal proceedings can also be initiated.

In addition, the operator of the location service violates the TKG if location tracking is carried out without express permission. This means that if you ignore the law, you will also have to expect a fine.

Have you lost your smartphone? On the next page you will find out how you can locate it for free.

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