This area of the law is still evolving, so it is best to inform anyone who enters your home that they may be subject to recording or monitoring. [2] X Research source Giving this notice will greatly improve your case should you ever be taken to court for an alleged invasion of privacy.
Conversely, it’s probably not a good idea to place a GPS device on someone else’s vehicle.
Make sure, however, that the investigator does not use any illegal methods of spying like those detailed above, or you could be punished in the same manner as if you had done the illegal spying yourself. Be clear with your instructions, and outline in writing what activities you are authorizing the private investigator to take.
Try to limit your surveillance tools to your own eyes and ears. The use of any other device, even when the subject is in a public place, could be problematic in the eyes of the law.
The exception to this is your home. You are allowed to install a camera to monitor what goes on in your house, or to prevent crimes from occurring on your property. Your intent here is of utmost importance. If you have a valid reason for having a hidden camera installed on your property, this behavior will likely be judged legal. This area of the law is still evolving, however, and varies from state to state. Understand that this exception exists because the act of taping or monitoring your home is not considered spying. To be considered spying, you must be collecting information and making observations furtively (stealthily). [5] X Research source
Federal law prohibits intentional, unauthorized use of or access to this type of information. [8] X Research source If the person on whom you are spying has consented to you accessing their private communications, or you have come across this information by accident, this activity will probably be considered legal, but will still be subject to an intensive factual analysis by a judge. The use of an improperly obtained password is also illegal. Even if you are able to correctly guess another person’s password, if they have not authorized you to use their device, accessing the information on it is against the law. [9] X Research source
In California, for example, it is only illegal to tape someone without their knowledge or consent if you knew ahead of time that it was against the law to do so. In other words, you have to intend to break the law in order to do so. If you can show that you were unaware of the law, you will not be found guilty of breaking it. It is illegal to record a private conversation in which you are not involved. For example, hiding a tape recorder in someone’s car or luggage to record their conversations with others without their knowledge or consent is illegal. In many states, even possessing wiretapping equipment is a crime. [11] X Trustworthy Source Reporters Committee for Freedom of the Press Nonprofit legal organization dedicated to protecting First Amendment rights to American citizens Go to source
Also be sure to change the security questions you use to verify your identity in case your password becomes lost.
Alternatively, you could ask the manufacturer of your device or check the internet to find out how to reset your device to its default factory settings, thereby eliminating any unwanted software that may have been installed. Once your phone is reset or you have purchased a new one, don’t leave it unattended.
Use an anti-virus program. Use encryption software for especially sensitive communications. Cover your webcam when it’s not in use. Don’t click on e-mails or links you don’t recognize.
