Is It Illegal to Track Someone’s Phone, and What Are the Nuances?

Phone and GPS tracking are more or less common nowadays. For those who do not know, your phone shares its location with the GPS satellite every time you launch the Maps app, call for a taxi, order food, etc. However, tracking is more than only sharing the location. 

Many people wonder if they can track the phones of their relatives, children, and partners. In the first two cases, it is mostly done for safety, and in the last one – out of jealousy and curiosity. However, there is one question, one thing that stops many from actually doing so: is it legal to go through someone’s phone? Unfortunately, it is hard to give a yes/no answer in this case, as there are a lot of nuances to consider. But you are lucky! Our goal in this article is to tell you everything you need to know about phone tracking and its legal aspects. Without further ado, let’s keep going!

Is It Illegal to Track Someone Without Their Permission: Brief Explanation

Is it illegal to track someone’s phone? This is a very sensitive matter with no single answer. Simply put, people are not allowed to track other people, and this is regulated by the GDPR in most Western countries (there is a penalty for tracking someone, usually a fine). Eastern countries may also officially follow the same concept as the West, but in fact, the government may have unlimited possibilities there to track everyone they want. One of the best examples is China, where they have already implemented and are constantly improving the face recognition networks and WeChat (Chinese messenger) location tracking.

At the same time, the answer is “Yes, there are cases when you can track other people”. For instance, medical tracker devices can be given to elderly people in hospices. Another regulation states that people do not need permission to track the devices that belong to them, and technically, the phones they buy for their children are parental. So, is tracking someone’s phone illegal? It all depends. Is there a penalty for tracking someone? Also, depends. Let’s now find out.

Digital Location Tracking Legislations in Different Countries

As already mentioned, tracking laws and regulations often depend on the location. The overall concept can be very similar, but some details may vary, so let’s look at some examples of how governments approach data protection laws in different countries.

How the Government Approaches Data Protection in the UK

The British government found a very clear and informative definition of personal information: “Personal data is data that can help to identify a specific person.” The initial GDPR in Britain was introduced in 1998, with some additions and changes (mostly concerning punishments and fines) being made almost every year. However, is tracking someone’s phone illegal – even this act cannot tell for sure.

There are some general rules about using the GPS technology, though. For instance, when it comes to tracking corporate cars – employers are allowed to install trackers on them. However, employees who use these cars must be informed that they are being tracked. Thus, we guess the answer to the “Is it illegal to track someone’s phone without them knowing” would be no, but if the device owner is informed about this – it is acceptable if the phone belongs to you. If the device is not yet yours, you must not only inform the owner but also get their permission.

The Situation with GPS Tracking in the USA

Is it illegal to track someone’s phone in America? The situation in the USA is very complicated, as each state has its own legislation, and what is okay in one state may bring you to the court in another. So, it is important to check the regal requirements and permissions of the state where you want to use the tracker.

For instance, in California, personal use of all tracking devices is prohibited. To install a tracker in Florida, you must get the device owner’s consent. If you track someone without their permission in Oklahoma, you are considered a stalker and may be punished according to the laws and articles for this crime. 

GPS Tracking Rules in France

So, is it legal to track someone’s phone in France? Well, in 2022, the government officially granted French parents such permission. Funnily, parents were allowed to use parental controls on their children’s devices, and gadget manufacturers were obliged to install parental control systems on their production. So, for French parents, there is no question, “Is it illegal to track your child”.

It is clear with the family business now, but is it illegal to go through someone’s phone in France if this person is not your child? As with other countries, if you get permission from another person to track them, you would have no problems at all. However, it is not specified what this permission should look like. Would oral permission be enough? Is there an official permission form? Allez savoir, allez savoir… (“Who knows?” in French).

Netherlands and GPS Tracking

Is it illegal to track someone without their permission in the Netherlands? Due to an increasing number of child kidnapping cases, GPS watches and other GPS tracking technologies for children, including phone trackers, became extremely popular. However, their usage does not break the EU GDPR regulation. According to the latter, is it illegal to track your child question gets the yes answer if the child is not aware they are being tracked. In the current situation, it is not a problem because parents warn children about danger and tell them that trackers are needed for their safety.

Is It Illegal to Track Someone’s Phone Without Their Permission and How This Permission Should Be Given

Armed with all the knowledge we gained from this article, we do not ask is it legal to track someone’s phone without permission, as we already know that it is not an option in many countries. It all revolves around this permission thing. How does it work, and what permission do you need? Well, as for today, any permission would fit.

1. You can ask it as a joke, for instance: “Would you mind me tracking you to ensure you do not get lost in the city, lol”. If you get a positive response, it is technically permission, so you can install a tracker.
2. You can start discussing what penalty for tracking someone should exist and then ask another person what they would have done if you were tracking them. If they say that they are fine with that, it is your permission.
3. If you argue with your partner and say in anger that you want to install a tracker on their device, and they answer something like, “Do whatever you want!” – then do it.

However, it is likely, that soon, some specific rules and laws should be invented to regulate such things, such as if tracking materials are to be presented in court and the system collapses. There are two individuals stating opposite things (one saying they got the permission and another saying they have never given it), 0 ways to check who is right, and the presumptions of innocence working both ways. Luckily, there were no serious precedents in this sphere yet, otherwise, no one would actually care is it illegal to track someone’s phone without them knowing, as everyone would have been busy reforming the judgemental system and urgently inventing new laws.

GEOfinder and Location Tracking Privacy Issues: Are There Any?

We have already mentioned location tracking software, but now let’s get more specific: is it illegal to track someone’s phone without their permission using the GEOfinder phone location tracker? Well, no, because, in fact, GEOfinder asks for permission and doesn’t even need to be installed. Let’s review how it works to make everything clear.

1. You register with the service and get credentials to access your online dashboard.
2. You enter the phone number you want to track and send a tracking link with an engaging message to that number anonymously. Another way is to send this tracking link via any social network or messenger.
3. When a person taps on this link, a pop-up window will appear, asking if the device owner agrees to share their location.
4. After they tap yes, location information is sent to you.

People are so used to ignoring such pop-up windows, automatically tapping “Yes”, and even without reading what is written there that, in most cases, location will be shared without any problems. If you come across a responsible user who reads everything, location sharing is such a common thing nowadays that they would, most likely, also share it without any issues. Thus, this GPS tracker for phone is 100% legal to use.

Geolocation Cyber Security: Implication Ideas

If you are an ordinary mobile phone user and, after reading this blog, want to ensure that your location and device are less likely to be tracked, here are some recommendations.

1. Instead of thinking is it illegal to track someone’s phone without them knowing and relying on that “asking for permission” thing, try to ensure that strangers and even relatives do not get your phone in their hands and that they do not know your passwords.
2. Regularly review all the services that use GPS on your device and deactivate those you do not really need.
3. Do not install unknown or weird applications on your phone – preserve cell phone hygiene.

By following these simple advice, you will increase your chances of being tracked and will add an additional layer of protection for your personal data. 

Conclusion

Is it illegal to track someone’s phone without their permission? Well, the main thing you should get to track someone legally is their permission. It does not concern parents, though: they can track their children’s phones secretly because, technically, they bought the mobiles and legally own them. As for permission for tracking, even an oral one works, so you should not have any problems getting it in any form, and you can start tracking anyway. So, in a few words, is it illegal to go through someone’s phone? No, it is not illegal if the person knows about it.