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Tracking Cheating Partners Using GPS

8th May, 2018

Can I use a GPS device or app to track my cheating partner’s movements?

If you are considering using GPS, or another devise or app to track a partners movements that you suspect is being unfaithful think again before you do!

You could be breaking the law:

There are many factors that determine whether tracking a suspected cheating spouse or partner is legal or illegal. In the past, different authorities, organizations and judges, have made contradictory rulings regarding the issue; Recently, new guidance and legislation in the UK on tracking cheaters has been introduced to make the situation much clearer but in other country’s or states the situation may be far from clear.

Unfortunately, this new introduction is not good news. If you, or a private detective employed by you, are considering using one of these tracking devices as a tool to check if a partner is cheating, I am afraid that you could both be acting unlawfully.

Two recent pieces of UK legislation, have made electronic tracking and collecting data regarding a partners’ movements without their permission unlawful. Of course, this would also include any private investigator employed by you and in addition, if you both entered into an agreement, then charges of conspiracy or aiding and abetting might apply and a court appearance may follow!

 

The Data Protection Act 1998 and the Human Right Act 1998

The Data Protection Act 1998 states as a requirement that people have a right to privacy and that you can only collect data about them with their explicit authority, or for a reason covered by the act. So, if you are secretly collecting data on someone, by installing a GPS tracker on their vehicle, this could apply to you. In effect, you are collecting data about their movements, where they are going, what they are doing and who they are meeting. As you are collecting data about a person, rather than the vehicle, it could be considered a violation of the act. This is a slightly grey area, but this could be the case even if you are the owner of the vehicle being tracked.

If your cheating spouse found such a device and called the police, depending on how upset they were by the what you had done, you could find yourself arrested for committing a breach of the peace and prosecuted for something even more serious.

The consensus is that, if you want to put a GPS tracker someone else’s vehicle to monitor their movements, you must get their consent first. They must be aware of what you are doing and what the devise is capable of.

It goes without saying that any evidence or information you obtained by such a method could not be used in divorce court, or child custody hearings to support your case.

tracking cheaters

The Serious Crime Act 2015

The Serious Crime Act of 2015, created a new offence, of controlling behavior of someone who is, or has been in an intimate or family relationship with you. The act covers many types of controlling behavior, including monitoring a person by using online communication, or spyware. This, I suggest, would include GPS devises on vehicles, putting recording spyware on telephones or listening to devices in bedrooms. Because the Serious Crime Act is designed to protect victims from bullying behavior, it might include persistently tracking or monitoring a person with or without their knowledge, if its purpose was coercive or controlling.

So, as you see, great care should to be taken before using modern technology to spy on a suspected cheating partner or spouse.

Beware readers that you don’t get caught out by this latest legislation update in the UK and we strongly suggest you check the current law in your country or local jurisdiction beforehand too!

 

Note: Whist this post refers to the latest UK Law on using tracking devices or software to catch cheating partners you should always take professional legal advice before doing so without their permission in your local jurisdiction

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