While more and more French people are resorting to this practice, a reminder of the Penal Code is timely, especially since the consequences are not trivial.
Known as “snooping,” looking at your partner’s phone without their knowledge might seem a lot more innocent than it really is, especially under the law.
On the menu: a prison sentence and a heavy fine
A survey carried out by the IFOP for The Geek’s Diary revealed that many French people tend to interfere with their partner’s smartphone. This being the center of an individual’s private and social life, it quickly becomes tempting to take a look at it to get rid of any suspicion… in the best of cases.
Be that as it may, it is an act that is not without consequences, both relationally and legally. Indeed, article 226-15 of the Penal Code is very clear on this subject: The act, committed in bad faith, of intercepting, diverting, using or disclosing correspondence sent, transmitted or received by electronic means or proceed to the installation of devices likely to allow the realization of such interceptions is reprehensible.
Any offender is then punished. a two-year prison sentence and a fine of 60,000 euros “when the facts” are committed by the spouse or partner of the victim or the partner linked to the victim by a civil pact of solidarity “. And West France to remember that the fine is a little less severe outside of a couple, since it is one year of imprisonment and a fine of 45,000 euros.
Evidence difficult to collect?
This law can have a notorious impact during divorce proceedings, especially since the person being spied on can file a complaint from the first message viewed against their will. It can also become significant in cases of harassment within a couple, to cite just one example among many.
To prove that a telephone has been spied on, it is possible to appeal to a bailiff. Thanks to it, the complainant will be able, among other things, to compare his usual schedule with the hours of use of the device and thus prove that he was not able to use it at these specific times. While there are as many ways to find such so-called “fair” evidence as there are cases, it can quickly become difficult to collect. Especially since it is not allowed to spy on your spouse to update his actions, using a hidden camera without his knowledge for example, because this would constitute proof ” unfair “.
One can therefore imagine that many do not take such steps. However, it should be kept in mind that spying on a smartphone is much more common in situations of domestic violence. Such laws, although they may seem difficult to apply, constitute a more than welcome additional weapon for the victims.
Source : West France
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