Tuesday, 30 September 2014 00:00

Are Spy Apps legal ?

There has been a lot of debate recently about the legality of using spy apps or cell phone monitoring systems.Although this is not intended to be professional legal advice, we’d like to clarify a few points regarding the legal and proper usage of this type of technology.

The first thing to keep in mind is that it is perfectly legal to sell or buy a spy app software package, but how it is marketed and how it is ultimately utilized is where the legal issues become relevant.

This website does not condone, encourage or promote the illegal use of spy app technology.

Our aim is to describe features and compare the various products on the market. We assume no responsibility for those who use these apps for any other purpose than the legal monitoring of consenting adults or minors who are under legal guardianship.

The bottom line is that in most countries it is illegal to spy on someone using this type of technology without the user of the device’s explicit consent. This legal restriction generally does not apply, however, in the case of children who are minors and under legal guardianship of parents.

If you are planning to use this technology to monitor anyone else - for instance, employees or children over the age of 18, you must have their explicit consent. If you are planning to use a spy app to monitor an elderly person, it’s generally legal as long as you have full guardianship over them and their explicit consent.

In the case of monitoring employees, make sure that you:

1)    Notify and obtain the employee’s consent
2)    Describe permissible work-related cell phone use and prohibited inappropriate use
3)    Keep the monitoring strictly work-related

Disclaimer: If you have any questions about the legal use of these apps, consult an attorney, or at the very least, find out what the laws are in your area. Keep in mind that laws regarding this type of technology may vary from state to state, not just from country to country.

Most reputable spy app makers are now being very careful how they market their products. Virtually all of them have disclaimers on their websites, and the reputable ones are careful to explain what the monitoring apps can and cannot be legally used for.

For instance, , posts the following disclaimer on its website:

Disclaimer: mSpy software is created for the purposes of parental control, monitoring employees' devices (with prior explicit consent obtained) and other directly related reasons. No other usage of mSpy software is endorsed by mSpy. mSpy is not liable for the other ways of the software use, described on the sites other than mspy.com

Last modified on Wednesday, 22 April 2015 08:04