Placing the mobile phone without consent: is it authorized?

Have you moved your smartphone or you want to make sure that the children have really arrived at school? There are a variety of situations in which mobile phones monitor can have meaning and many people wonder if this can be done without the authorization of the person concerned. In this article, you will discover when a mobile phone can be located without consent and how it works exactly.

1. Is the location of the mobile phone legal without consent?

Since the principle of freedom applies to Germany, any surveillance (regardless of the form) is prohibited if it has not been expressly approved. Only the police can perform a secret location of the mobile phone or the user in some cases, these are:

• Defense against dangerFor example to protect a person or save their life. The conditions in this case can be found in this case are in the police laws of individual federal states. In any case, it requires the approval of a judge or the prosecutor.
• Criminal procedureFor example, judicial decisions in surveys due to a crime of the catalog on s. 100a by. 2 STPO.

On the other hand, individuals, on the other hand, are generally not allowed to make an unauthorized location (for example, to spy on the partner). In the case of minor children (up to the age of 18), parents or legal guardians can accept surveillance. In adults, a declaration of consent is generally sufficient, which can be done either in written (for example as a letter, an email, an SMS) or an oral form.

A service provider for a corresponding application is MSPY. With the application that works on Android and iOS, you can

• Read text messages from another device (such as deleted messages).
• Keep an eye on common social media applications such as Snapchat and Co.
• Continue the GPS location of the phone.
• Continue the appeal course.

Good to know: If you have become a flight victim or have lost your mobile phone, you can search for it yourself with a tracking application (for example, the free tool finds my Android device and my iPhone). This uses all data (including GPS information) and transmits it to a server. You cannot install this type programs on a foreign device without the express consent of the card holder. In addition, you must also inform the user of the mobile phone and request their permission.

2. How can you locate a mobile phone without consent?

There are various techniques with which a mobile phone location can be carried out. The prerequisite is generally that the device in question is also on. Network operators or the contract form are not relevant for the location.

The most precise is that Location via the radio cell process. To this end, GSM signals are used, with which mobile phones constantly make up the mobile network via the nearest transmission masts. The network operator determines the radio cell in which the phone is located and goes on this information to the location service. THE The precision of the location depends on the size of the radio cells. Although metropolitan areas have a very fine cellular network with a deviation of around 40 to 800 m, it can be a few kilometers in rural areas.

Good to know: The place of GPS satellite was developed in the 1970s for military purposes by the United States Ministry of Defense. Since 1995, it has also been approved for civil use.

Another option is that Location via satellite connectionThe «global positioning system», or GPS to short. This procedure is more precise because it uses several satellites to determine the position. However, this can be Only mobile phones with an integrated GPS receiver track down.

3. Conclusion: Not always illegal

The location of the mobile phone without consent is not illegal if it is your own smartphone or if it is in the event of a foreign mobile phone The express authorization of the owner to have. Monitoring applications generally pass them via a push message or ask them via SMS.

However, only the police can locate the mobile phone without being asked and without consent to prevent or clarify crimes.

(34 Votes, average: 4.50 out of 5)
Loading…