How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Does a husband have any rights to access his wifes mobile phone

Customer Question

Does a husband have any rights to access his wifes mobile phone to read deleted texts or calls without her permission. The husband has been told his wife has been having an affair. The bill is paid from a joint bank account?
The husband wants to find out if the affair is true without breaking the law.
The husband lives in Scotland
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The husband has no such right in law. It is illegal to read or tamper with another person's mail, whether electronic or otherwise without permission.
This is a breach of section 1 of the Computer Misuse Act 1990 http://www.legislation.gov.uk/ukpga/1990/18/contents
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, many thanks for getting back to me but can i ask for further clarification as i read the following definition i researched on law websitesThe Regulation of Investigatory Powers Act 2000 covers the unauthorised interception of communication and includes fixed and mobile telephone lines, emails, tects and pager messages. A person `intercepts` a communication by making some or all of the content of a communication available "while being transmitted" to a person other than the sender or intended recipient of the communication. The police take the view that this legislation does not cover the reading of someones elses deleted voice mail messages unless they have not yet been read to by the intended recipient.If any person reads someones elses deleted text messages that they have already read from their phone it would not be done so during transmissionMy further and final questions on this matter are1. Is any item belonging to a husband and a wife, in a marriage, not of joint ownership?2. The wife has told the husband her passwords to some of her accounts ie email etc. If the wife has freely given the husband passwords to her accounts, does that constitute her giving him permission?3. Would the husband be breaking any law if he read information from accounts that the wife has given him the passwords to?4. What statutory law would a husband be breaking if he read text messages that have already been read from the wifes phone, without her permission?5. What is the fine/punishment for breaking the above laws?I greatly appreciate your assistance in this as i want to do everything in a proper and lawful manner.
Expert:  JGM replied 1 year ago.
Thanks for your reply. The 2000 Act concerns electronic interception, not picking up a phone and reading messages.
Answering your questions:
1. A phone would be a personal possession and would not be matrimonial property.
2. Telling someone a password ***** not automatically imply permission to look at the account. It depends on the circumstances whereby the password ***** disclosed.
3. Again that depends on the circumstances and whether permission to read the data was given.
4. The 1990 Act as advised above.
5. Maximum sentences are on summary conviction 6 months and/or unlimited fine. On indictment, 5 years and/or unlimited fine.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.