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FDR / What we will not do

No covert work · no one else's device without consent · no spyware

What we will not do. Said plainly, once, so no one wastes a journey.

We are asked, every so often, to look at someone else's phone or computer: a partner's, an ex's, a colleague's, an adult child's. We do not do this, whatever the reason given, and this page explains why and where to go instead. It is not a judgement of the person asking; people ask out of worry, suspicion or fear, and those are real. But examining another adult's device or accounts without their consent or a court order can be a criminal offence, it can be a breach of confidence that harms the asker's own case, and it can be a tool of control in the wrong hands. So the line is fixed, and it is the same for everyone.

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The lines we do not cross.

Another adult's device or accounts, without consent or an order. Accessing data on a device or in an account without the owner's authority can be an offence under section 1 of the Computer Misuse Act 1990, and reading someone's messages in the course of their transmission without lawful authority can be an offence under section 3 of the Investigatory Powers Act 2016. We will not do either, or help anyone else to.

A spouse's or former partner's private device. In Tchenguiz v Imerman [2010] EWCA Civ 908 the Court of Appeal held that examining, copying or keeping the other spouse's confidential documents without authority is a breach of confidence, and that such self-help is not to be condoned. In a family matter we act only for a device's owner on their own device, or on a solicitor's instruction under a court order or agreed disclosure protocol.

Spyware, stalkerware and covert monitoring. We do not install monitoring software, recover data from someone else's device for covert use, bypass anyone else's passcode or lock screen, or help with surveillance of another person. Covert monitoring of a partner can form part of harassment, stalking, or controlling or coercive behaviour.

Promises we cannot keep. We will not promise to break strong encryption without a key, to prove who was at a keyboard from the device alone, or to deliver a finding to order. We do not examine mobile phones. And we will not alter, create or tidy evidence for anyone.

Where to go instead.

If you are involved in a divorce or separation and believe the other party is hiding assets or records, speak to a family solicitor. The court can order disclosure, and there are proper routes to the other side's documents that do not put you in the wrong.

If you believe a crime has been committed, report it to the police: 999 in an emergency, 101 otherwise. The police can obtain data lawfully that no private examiner can.

If you think you are being monitored, tracked or controlled, or you are frightened of a partner or former partner, specialist help is there. In England, the National Domestic Abuse Helpline is free and open around the clock on 0808 2000 247, and Refuge publishes guidance on technology and safety. In Northern Ireland, the Domestic and Sexual Abuse Helpline is on 0808 802 1414. In an emergency, call 999.

If the device is your own, or you hold proper authority over it, we can help, and the authority page explains what we need to see.

The questions that come up first.

I think my partner is hiding something on their phone. Can you look?

No. We do not examine another adult's device without their consent or a court order, and we do not examine phones at all. If it is a financial matter in a separation, a family solicitor can seek disclosure through the court; if you are worried for your safety, the police or a domestic abuse helpline are the right first call.

It's a shared family computer. Can I have it examined?

If you own it, you can have your own data on it examined. Where another adult uses it with their own account, their private material is theirs, and we would not examine it without their consent or an order. Tell us the circumstances and we will tell you honestly what is possible.

Can you find out if there is spyware on my own computer?

On your own computer, with proof it is yours, an examination can look for installed monitoring software and when it arrived. If you believe someone is monitoring you, speak to the police or a domestic abuse helpline first, because removing it can alert the person who installed it.

Why are you so strict about this?

Because examining someone else's device without authority can be an offence, can harm your own case, and can be used to control or harm people. A fixed line, applied to everyone, is the only fair way to hold it.

If the device is yours, we can help.

Tell us the situation and who owns the device. If it is yours, or you hold proper authority, the first conversation will tell you what an examination can show.

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