Are Your Text Messages and Images Private?
Unlike telephones of the past, cell phones contain far more than simply a list of contacts and people with whom you have spoken. They contain text messages, emails, photographs, videos, and all sorts of data regarding your location, spending habits, and finances.
With so much data contained on your phone, and being sent to and from your phone, you may wonder: Is all of that information private, or can someone else read your messages, look at your images, and download your data?
The answer to that question is somewhat complex. The extent of your privacy depends on several factors, including who exactly owns the phone, the nature of the information on the phone, and whether law enforcement has some interest or need for the information on the phone.Your provider or "carrier" keeps records of your cell phone use, including calls and text messages, and even pictures, sent from your phone. Almost all cell phone carriers give detailed information about phone's use in billing statements sent to the owner.
These details include when a text message or image was sent from your phone and, for some plans, the cost of the text or data usage. If you are charged for data sent to your phone, the bill likely will show when it was sent. However, the phone bill does not tell you what was written in a text message or show you the picture.
So, what can you do if you want to read or see that information? For example, what if you suspect your spouse of having an extramarital affair and you want to see whether there's some secret texting going on? What if you want to make sure that your teenager isn't sending or receiving inappropriate pictures over the phone, or "sexting?"
As a general rule, the cell phone carrier cannot help you. Under federal privacy laws, such as the Consumer Telephone Records Protection Act of 2006, your cell phone carrier cannot give you these phone records, even if you own the phone and pay the bill. That's because these records often show messages sent and received by someone else, and that person has privacy rights.There are some exceptions, though. If you think your phone is being used for criminal activities, or if you are being harassed or threatened through text messages, you may be able to get a court order requiring the phone carrier to release the records. Also talk to an attorney or your local police department immediately.
You should additionally know that some cell phone carriers limit how long they store text messages and images on their servers. This could be anywhere from a few days to a few weeks. So, if you need to see this material, you should act quickly to retain a lawyer and have the attorney serve subpoenas or demands.
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