VIC Offence for Unauthorised access of mobile phone

Discussion in 'Criminal Law Forum' started by Roger Life, 13 February 2020.

Tags:
  1. Roger Life

    Roger Life Member

    Joined:
    13 February 2020
    Messages:
    3
    Likes Received:
    0
    Hi,
    Can you please tell me what is the offence for unauthorised access to someone else mobile phone in Victoria?

    Thanks
     
  2. Glenn Thexton

    Glenn Thexton Lawyer

    Joined:
    20 October 2016
    Messages:
    38
    Likes Received:
    7
    Who has accessed your mobile phone? How did they do it? What information did they access? Did they use this access to impersonate you?

    Accessing another person's mobile phone can be a form of technological-facilitated abuse. There is action that you can take in certain circumstances. [Removed by Moderator - Breach of Community Guidelines - Solicitation]
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Glenn Thexton, 14 February 2020
    Last edited by a moderator: 14 February 2020
  3. Roger Life

    Roger Life Member

    Joined:
    13 February 2020
    Messages:
    3
    Likes Received:
    0
    Thanks for your reply. I posted this question on behalf of my cousin.

    Who has accessed your mobile phone?
    My cousin's husband accessed her phone

    How did they do it?
    My cousin had shared her password sometime back and her husband used the password to unlock the phone

    What information did they access?
    Took pictures of conversations between her family and friends which she wanted to keep private

    Did they use this access to impersonate you?
    No

    I found offences related to unauthorised access related to computers but could not find any specific offence for unauthorised access related to mobile phones.
     
  4. Glenn Thexton

    Glenn Thexton Lawyer

    Joined:
    20 October 2016
    Messages:
    38
    Likes Received:
    7
    Were the conversations on email on the phone or on an App and if so, which App?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Glenn Thexton

    Glenn Thexton Lawyer

    Joined:
    20 October 2016
    Messages:
    38
    Likes Received:
    7
    Also, what has the husband done with the conversations?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. rjm

    rjm Well-Known Member

    Joined:
    2 February 2020
    Messages:
    22
    Likes Received:
    3
    I'm no lawyer but if she gave him the password of her own free will I wouldn't think he could be charged with any offence. Would I be right in thinking the messages he accessed were derogatory in regards to himself? If that's the case probably a bit silly on her behalf. If you're going to have a *itch about your other half probably best to delete those messages. If I hear a msg come through on my partners phone I'll usually ask who it is, simply out of curiosity. If they were secretive about who, or the content, I'd be suspicious. We all like to complain now & then but of course you'd be upset if you found such messages. Especially if they were to someone you both had a close relationship with. Better still, if you've got a gripe talk to your partner & give them the opportunity to either apologize or defend their position. The old saying "if you don't have anything nice to say - don't say it" is a good rule to live by. Hard sometimes, but the world would be a lot nicer place if more people could adopt it.
     
  7. Roger Life

    Roger Life Member

    Joined:
    13 February 2020
    Messages:
    3
    Likes Received:
    0
    Thanks Glenn for your replies.

    I have been informed that the apps were Facebook messenger app, Whatsapp, Instagram app. She did not tell me directly but I am feeling she might be caught cheating and the pictures of those conversations were forwarded to someone in the family. Anyways don't want to focus on whose fault it was here morally but want to get some insight on what the law says.

    In the Crimes Act I have seen alot of offences related to unauthorised access of computer systems but surprisingly I could not find anything related to phones.
     
  8. rjm

    rjm Well-Known Member

    Joined:
    2 February 2020
    Messages:
    22
    Likes Received:
    3
     
  9. rjm

    rjm Well-Known Member

    Joined:
    2 February 2020
    Messages:
    22
    Likes Received:
    3
    Common sense says that if she gave him the password then it's not unauthorized. If you don't want someone to have access to your phone, don't give them the password. I'd think she'd look pretty darn silly taking that to court. Surely getting caught cheating is embarrassing enough without making it even more public. So if she's considering trying to get him charged with something then the relationship's over yeah? Poor bloke, you find that out & then get charged on top of it. So much for remorse. What a charming young lady your cousin is. I dare say he's collecting evidence so he doesn't get screwed over in the divorce process. I'd think he has very right to obtain evidence of her extramarital affair. It's not like he hacked her phone. Obviously that would be a different matter.
     
  10. GlassHalfFull

    GlassHalfFull Well-Known Member

    Joined:
    28 August 2018
    Messages:
    252
    Likes Received:
    17
    I'm not sure it's quite as simple as "if you don't want someone to access your phone, don't give them the password". She might have given the password for some other purpose (eg to access a laptop or log in to a particular website), and it was just coincidentally the same password she used to lock her phone. That may be naive and careless of her, but I think there would have to be some kind of specific consent for him to access her phone and read her messages. Whether it's breaking the law to do so, I don't know.

    It may not be a legal analogue, but it sounds somewhat similar to giving a friend a spare key to your house in case of emergency, and the friend decides to enter the house at 4am and take photos of you sleeping. o_O Now, technically the entry wasn't unauthorised since you gave them the key willingly, but the action taken after entering wasn't authorised!
     
Loading...

Share This Page

Loading...
gt;