Cell phone monitoring nz


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As smartphones are a permanent point of access to the internet, they can be compromised with malware as easily as computers. The most common way for breaching cell phone security and surreptitiously listening to phone calls is to install cell phone monitoring software directly onto a cell phone.

The software can be downloaded from the internet, sometimes free of charge.

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Once installed, information exchanged over the tracked phone can be monitored, including phone calls, text messages, and emails. In some cases, it can be used to eavesdrop on calls in real time.

Most mobile phone spying software can also track the GPS location of the phone. Companies that offer mobile phone spying software routinely disclaim their responsibility in respect of any unlawful use of the software, but does that mean that the sale or use of such mobile phone spying software is lawful? An action could also potentially arise in trespass to chattels, and a complaint could be made to the Privacy Commissioner under the Privacy Act Part 9A of the Crimes Act deals with intercepting private communication by means of an interception device.

It is an offence to:. Section D 1 of the Crimes Act makes it an offence to offer for sale or supply or to offer or invite or agree to sell or supply to any person an interception device unless this is done for a lawful purpose as described in sD 2.

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Mobile phone spying software is an electronic application software. It is an electronic device that has been developed for the purpose of monitoring cellphone communications and therefore qualifies as an interception device under sA. It is an offence under sB 1 to intercept any private communication by means of an interception device unless the interceptor is a party to the said communication or it is being done for lawful purposes sB 2 ie, in accordance with the authority conferred under the Search and Surveillance Act , New Zealand Security Intelligence Service Act , Government Communications Security Bureau Act , or the International Terrorism Emergency Powers Act The offence is punishable with imprisonment for up to two years.

The communication is not private if any party might reasonably expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so. The mobile phone spy software must be used while the communication occurs or while the message is transmitted from the sender to the recipient. Once a communication has reached its final destination, it is no longer in transit. Liability under sB 1 will arise if the software is used to eavesdrop on a phone conversation while it is taking place.

Listening to a voice mail that is being downloaded from the server may also be deemed as still in transit until received by the recipient.

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Emails and text messages can be intercepted while they are being transmitted. They must be read, acquired, or monitored on their journey either from the sender to the server or from the server to the recipient. Criminal liability for monitoring emails and text messages after they were delivered may arise under s 1 for accessing a computer system without authorisation. A person who intentionally accesses any computer system without authorisation is liable to imprisonment for a term not exceeding two years.

Tracking a Lost or Stolen Mobile Device

My Account. GPS Tracker Models. Just a glance through it's array of features shows it can do almost everything most users want or need. A single charge can last for a month or more depending on how you programme it. For daily use, reporting every 30 seconds when moving, the battery life is typically 30 days when It is also perfect for occasional daily use in your own vehicle, or on hire equipment, where battery life is likely to Or your grandparent goes wandering on their mobility scooter - where are they?


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Our GPS Tracker is hidden inside a rear flashing light so it's concealed - a thief or your grandparent doesn't know it's there! They must be read, acquired, or monitored on their journey either from the sender to the server or from the server to the recipient. Criminal liability for monitoring emails and text messages after they were delivered may arise under s 1 for accessing a computer system without authorisation.

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A person who intentionally accesses any computer system without authorisation is liable to imprisonment for a term not exceeding two years. Access to a computer system is obtained if a person instructs, communicates with, or otherwise makes use of any of the resources on a computer system. Such use includes storing, receiving, or modifying data stored on a computer system s Access is unauthorised if there is no implied or express consent or an authorisation conferred by law or a court.

The Crimes Act defines the meaning of computer system as:. A computer system could be one computer or a network of computers. It includes any device with a keyboard input , screen output , microprocessor processing , data storage storage , or communication facilities see above e. The broad definition extends, for instance, to digital cameras, mobile phones, smart TVs, and security systems.


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It also includes parts of a computer and links between computers, such as hubs, routers, switches, and peripherals. Interconnected computers are essentially networks of computers. A network of computers can be as small as two connected computers. Any device that has internet connectivity provides the potential to connect with many millions of other networked computers, meaning that a device that is connected to the internet is part of a wider worldwide network and therefore part of a multitude of interconnected computers.

Parental controls on devices

A person who reads and monitors text messages and emails on a cell phone through surreptitiously installed spying software gains unauthorised access to a computer system and therefore commits an offence under s If private communication has been intercepted in contravention of sB and is then disclosed to a third party, liability will arise out of sC.

It is an offence to offer to supply or sell software or other information that will allow the defendant to access a computer system without authorisation or to have such software in possession for such sale or supply. The scope of s is broader than sD and will encompass mobile phone spying software.

However, sD is most likely to take precedent over s because it is lex specialis. A person who uses mobile phone spying software to take, copy, or obtain any document, model or other depiction of any thing or process that contains or embodies trade secrets is liable for imprisonment for a term not exceeding five years s 1 , s Trade secrets are protected under s as proprietary rights if reasonable efforts are undertaken to preserve the secrecy of the commercially valuable information. There must be some intention to treat the information as secret.

It could be argued that someone who communicates information via email or text messages without encryption has no interest in keeping the information secret. This assertion, though, is contestable.

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