Introduction
In this article Taylor Hampton Solicitors, experts in phone hacking litigation, explain various aspects of hacking devices in family proceedings.
It is becoming increasingly common for family members, particularly spouses or romantic partners, to abuse each other through technology. The domestic abuse charity Refuge has reported that their tech abuse referrals increased by 205% from 2018 to 2024.
Tech abuse occurs in a range of scenarios, but common factual backgrounds include those where one partner suspects that the other is being dishonest or unfaithful, or to obtain evidence in divorce or child custody proceedings.
Phone Hacking
Is hacking a family member’s phone ever legal?
In short, no. Accessing someone else’s devices without their permission (either by physically logging on or through spyware), both the access, even if it causes no damage, and the obtaining of any data are criminal offences (Regulation of Investigatory Powers Act 2000 (‘RIPA’) and s.170 Data Protection Act 2018).
Hacking and associated offences can also give rise to a host of civil law claims. Unauthorised access to personal data, whether deliberate or accidental, may constitute a breach of the General Data Protection Regulation (‘GDPR’) and/or the Data Protection Act 2018 (‘DPA’). Victims of hacking may have tortious claims for misuse of private information and/or breach of confidence at common law.
How would a family member get access to your devices?
There are typically two ways in which individuals access other people’s devices. One is by phishing: the victim is sent a link or attachment and upon opening the link, software that monitors the victim’s digital activities is downloaded. The other is by physical access to the device.
Perpetrators may install spyware on more than one device. For instance, in order to spy on a partner, spyware may be installed on a child’s devices too, via which the other parent can be further monitored.
What should you do if you know you have been hacked?
Document anything that has happened (e.g. by preparing a chronology and collating evidence). Be wary, though, of making covert recordings of conversations, as these can constitute a breach of privacy, as discussed further below, and can become inadmissible as evidence in court proceedings.
Consider securing your tech, including by changing passwords and logging out of shared devices.
Legal remedies if you have been hacked
You should contact the police and/or criminal solicitors regarding any breaches of the criminal law.
If you think you have been hacked and wish to pursue a civil claim, contact a solicitor with expertise in the type of claim you wish to bring.
Successful claims for breaches of the GDPR/DPA 2018 and misuse of private information can result in damages. It may also be possible to secure an injunction, to prevent the defendant from further spreading or misusing the personal information.
Covert Recordings
Covert recordings are recordings of conversations made without at least one party’s knowledge or consent.
It is best practice to obtain consent to record from all participants to a conversation, otherwise the party recording the conversation may be faced with a claim for the misuse of private information.
Whilst there is no general rule that excludes the use of covert recordings as evidence in court proceedings, the court will consider how the recording was obtained as well as its relevance, probative value and effect on a fair trial (Mustard v Flower and others [2019] All ER (D) 109 (Oct)).
However, the recordings that are increasingly made in child proceedings – often meant to prove abuse, neglect, or parental alienation – do not always meet this test. Bugs left in children’s clothing or schoolbags are likely to tape conversations to which the recorder is not a participant. The courts have therefore emphasised that it is never likely to be appropriate to place recording devices on children (per Peter Jackson J in M v F (Covert Recording of Children) [2016] Fam Law 954 at [1]).
Even if the recording itself is technically legal, further problems may arise. As noted by the May 2025 Family Justice Council’s Guidance on Covert Recordings in Family Law (FJCG), sharing the recording with a third party (including with professionals to process as evidence) may breach the data protection rights of those who have been recorded. It is also likely to infringe on a child’s privacy rights (para 1.5, FJCG).
Repeated recordings can also be “controlling or abusive” or indicate “distorted and obsessive thinking” (para 3.9 FJCG) and provide grounds for a harassment suit (ss. 1–2 Protection from Harassment Act 1997).
How can we help?
Taylor Hampton has extensive experience in data protection, privacy, and harassment claims, including in contexts where devices have been hacked. Please contact us Contact Us for a free consultation to see how we can help.
Disclaimer: This article provides general guidance only and does not constitute legal advice. Legislation, civil procedure rules, and case law can change. Always seek professional legal advice tailored to your specific situation before acting.