In a world where trust is a prized commodity, the temptation to spy on a partner can be compelling when suspicions arise and a relationship becomes tenuous. Whether driven by serious concerns about a particular incident or just plain wariness, people use many creative methods to keep an eye on their significant other if there are concerns about infidelity, drug use or gambling. But what crosses the line from merely intrusive to outright illegal? Well, today we’re diving into 10 common methods that we have seen people use to spy on their partners. The following is simply the approach we use as private investigators to help our clients understand what we can and cannot help them to do when they want to learn the truth. This does not constitute legal advice and advice should be sought where necessary. As you read through each method, guess whether you think it’s legal or not in Australia.
A suspicious partner might wait for an opportune moment to physically look through an unlocked phone or may install spyware on a partner’s device for ongoing monitoring. A spyware app may allow the examination of call logs, text messages, browsing history and more. Using spyware may even allow monitoring of real-time conversations and location services to track movements. It’s not uncommon for clients to ask private investigators how to spy on a partner’s phone. While it’s a temptation that some may find hard to resist, installing spyware is in most cases likely to be a breach of laws such as the Commonwealth Criminal Code provisions relating to “unauthorised access to, or modification of, restricted data” because it will likely bypass password/PIN or other protections on the device. It may also breach other laws prohibiting tracking the location of a person or intercepting a person’s phone calls and it could land a culprit in jail so we strongly recommend against that course of action. A forensic investigator can examine a mobile device or computer for the existence of malware.
Perusing shared bank statements, credit card bills, phone bills or other physical documents is a more passive way of keeping tabs on a partner’s activities and, by extension, their personal movements. Investigating documents is a way to spot anomalies in spending or communications that could suggest secret activities or purchases indicative of infidelity. It’s legal in Australia to peruse account statements for which you are a joint account holder and, if there are accessible, physical documents laying around your house, there are no laws preventing you from reading such documents, even if they are for a different account holder. Never open mail not addressed to you as this is a criminal offence and do no trespass to gain access to documents. Always use a safe letterbox and a pulp shredder to ensure your sensitive documents are protected when being received and discarded.
Gaining access to a partner’s email or social media accounts can reveal private conversations and connections that may not be publicly visible. When someone asks themselves how to catch a cheating wife, husband or partner, they might opt for this course. One might gain access through sophisticated methods such as keylogging, phishing for passwords, or by simply guessing a password. As is the case when spying on a partner’s phone by using spyware, in Australia, such activity is usually a violation of the Commonwealth Criminal Code so we recommend you avoid this type of behaviour. If you want to catch a cheater, there are better options available. A forensic investigator can examine an online account to determine whether there is evidence of compromise.
In terms of spy devices for cheating spouses and partners, GPS trackers are sometimes used to try to find out more. A GPS tracker on a vehicle can provide a detailed log of a partner’s whereabouts, revealing real-time location updates and travel history. For someone who suspects their partner of lying about their location, a discreetly-placed GPS device can seem like an appealing option that might help uncover the truth but it’s fraught with legal complications. Most states and territories in Australia have laws regulating the use of GPS trackers when they’re used to monitor the location of a person without that person’s knowledge or consent and most of these laws prohibit the usage of trackers in such circumstances. We recommend you seek legal advice if you are considering this course of action. An investigator/security expert can examine a vehicle for any covert devices.
With the proliferation of personal information available online, and with the growth of public record databases that store data about residents of Australia, doing a background check on a partner or potential partner will potentially reveal interesting information. Usually, people do a background check before entering into a relationship but, those with doubts might decide to do a check later on when they feel the need. Background checks are legal in Australia and are conducted by private investigators on a daily basis for a range of reasons. Unless you know your partner really, really well (since childhood) then it’s a sensible idea to do a quick and easy background check to make sure there are no red flags that are going to turn your life upside down in a decade or 2 (or 3)!
If you share a digital device with your partner, you might decide to check his or her internet history. Perhaps you have a specific concern (infidelity, gambling, drugs, criminal activity, etc) or maybe you’re just curious. In any event, checking what someone has looked at online can give you an insight into that person’s thinking and might reveal something that causes a problem in the relationship. As long as the device is genuinely a shared device and you are not bypassing any password protections, there should be no problem with what you do however, if your partner discovers your snooping, you could be accused of showing a lack of trust. Be careful about other types of digital monitoring as the laws become quite complicated in certain areas.
Bugging a house with covert audio or video devices allows the installer to overhear conversations or observe goings-on in the home when he or she is not around. Hidden within common household items or installed out of sight, these devices may not be easy to detect and, nowadays, they can be purchased online from many e-commerce stores. Australian states and territories have laws regulating the use of listening devices and optical surveillance devices. Recording a private conversation to which you are not a party is usually a criminal offence and, in some jurisdictions, video recording a private activity to which you are not a party can be an offence. Penalties for such offences include jail terms so we advise our clients not to use bugs or monitoring devices unless they are compliant with the law. An investigator/security expert can examine a home or office for any covert devices.
Observing a partner’s activities on public social media profiles is a common method of monitoring. This could include watching for new friends, likes, comments, and tagged photos. This method is subtle and can be done without the partner’s knowledge (on most platforms) but may also be less effective than some other methods – a person’s privacy settings can often mask any covert activities from prying eyes. It’s important to respect boundaries and avoid crossing the line into obsessive behaviour when checking somebody’s online activity. In Australia, checking someone’s social media account is legal as long as it doesn’t involve hacking or unauthorised access to the person’s private accounts. Note that users of some platforms, such as LinkedIn, may know when you have visited their profile.
Using a child’s device to monitor the other parent is a surreptitious method of surveillance, more commonly used after a separation between the parents. Parents might install tracking apps, spyware or parental control software that can report back on the other parent’s activities with the child. It can be a particularly insidious method of surveillance because suspicion rarely falls on a child, meaning it can go undetected for a long period of time. As with other digital monitoring, legal advice should be sought because monitoring without the knowledge of a person affected by the monitoring (the other parent) can often break various laws.
Surveillance in private investigator parlance means physically following and documenting the activities of a subject person, in this case, a partner. Surveillance is designed to be conducted covertly and, if carried out professionally, the person being monitored will never know for sure that he or she was subject to monitoring. It will give a partner the opportunity to obtain evidence of activities such as drug use, gambling addiction, criminal behaviour, concealment of assets/income and more. If you want to know how to catch your partner cheating, surveillance is indisputably the best option. When it comes to uncovering the truth, hiring a private investigator is a legal and often effective approach. In Australia, private investigators are bound by legal and licencing guidelines, ensuring that their methods of gathering information do not infringe upon individual privacy rights or break any laws.