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My friend has been having an affair. He deleted his text messages to his mistress and phone logs etc. However his wife found an app which you put on the computer and plug the phone in and it retrieves all deleted text messages included pictures. He was not aware that this could be done. She got hold of his phone whilst he was outside, so without his permission. He had a key lock on it, but she must have worked out what it was. The pictures could be damaging to him and his mistress. Is it illegal for her to do this? If so, can he make her delete these messages/photos?
i have read that if it goes to a divorce, which is a long way off if at all, that having obtained evidence this way it is inadmissable as evidence. Is that correct?
If she were to forward those messages/photos or put them on a social media website, would that then be a criminal offence?