It is human nature for a person to consider spying on his or her spouse if cheating is suspected.    However, depending on the nature of the spying method, legal consequences may result.  The use of spying or surveillance equipment may be illegal.

According to New Jersey’s Wiretap Statute, it is a crime of the third degree to purposely intercept or endeavor to intercept any wire, electronic, or oral communication.  In White v. White, New Jersey’s first reported decision concerning the admissibility of a husband’s email communications between himself and his girlfriend accessed by wife’s computer expert from the family computer, the Court found that the wife did not violate New Jersey’s Wiretap Statute.  The Court made a distinction between emails stored or saved on the computer, as was the case in White, versus emails in active transmission.  For example, if a spouse accesses emails utilizing the other’s spouse’s password without their permission, it may be a violation of the Wiretap Statute if the emails are in the transmission stage.

Similarly, in New Jersey, the interception of cell phone communications by any type of interception device is illegal.  A person is only legally permitted to record a conversation if the person who is doing the recording is a party to that conversation.  Recording a conversation between your spouse and a third party is prohibited.

If your spouse has violated your privacy, you may be entitled to relief.  Contact an experienced attorney at Iandoli & Edens today to discuss whether or not you can sue your spouse for violating your privacy rights. You can reach us at (908) 879-9499 or click onto to discuss your rights.