Opening Another Persons Mobile Phone Messages Without Consent!!

SharkWound

Hi Guys

I was just wondering what are the legal implications too opening and reading somebody elses mobile text messages, without the owners consent. Is it illegal to do this or is it a criminal offence??

Would the same laws apply in this scenario as it would, to opening another persons post, without their consent??

Your views would be appreciatied..Thanks

eire_kp61

ive been told a guard cant look in your phone without a warrent (but will try if there suspicious ) , but i dont know if thats what your asking

SharkWound

No the scenario is this..

A lewd text message was sent to Mr A,

Mr A's mother opened and read the text message without the owners consent or knowledge, and brought the phone down to the Gardai without Mr A's consent or knowledge..

Is this illegal?

gillo_100

Well surely taking the phone to the Gardai, without owners consent is theft so that there is illegal. As for opening a text I don't know.

Can I ask what age Mr A is that his mother would open his texts and then have something lewd to report to the guards, also "lewd" is a bit ambiguious.
If, and I'm not implying anything here, the lewd concerned children I could possibly see reason for reporting to guards.

seamus

Also depends strongly on Mr A's age. If Mr A is under the age of majority, then he does not legally "own" anything - his phone belongs to his mother/father who are perfectly entitled to look at it.

SharkWound

Mr A is 28 years of age, and lives at home with his parents..Mr A has a mental illness and goes in and out of depression but is none the less a friend of Mr B. Mr B sent the message.. The message that Mr B wrote was a little over the top and was in connection with his sister and perhaps had a sexual undertone to it..Mr A has slagged Mr B's Sister, but all in good jest.."Boys will be Boys"

Mr B did not intend for the message to be malicious or vindictive or threating in anyway..Mr A's mother is threathing with legal action against Mr B and has gone to the guards about the situation, Mr A is still unaware of what is happening and thinks he lost his phone.

seamus

Well then if proceedings are started against Mr. B, the manner in which evidence was obtained should be highlighted to Mr B's solicitor who can decide whether or not it was lawfully obtained.

cushtac

How old is the sister?

SharkWound

Well Mr A has three sisters, the youngest is 23,

Sangre

I would imagine the guards would tell her to go away before we even have to worry about legal issues.