Legality of Spying on a Spouse: Privacy Laws in Tennessee Divorce

Privacy laws in Tennessee make spying on a spouse very difficult.

Tennessee Code Title 39, Chapter 13 features sections all of which protect an individual’s privacy, regarding: 

• Wiretapping;
• electronic surveillance;
• phone interception;
• unlawful photography;
• GPS vehicle tracking; and
• unauthorized observation.

If you spy on a spouse in a way that violates these regulations, you could find yourself facing a civil lawsuit, punitive damages and even criminal charges.

For more, see Electronic Spying in Tennessee Divorce Laws. 

Illegal Types of Spying 

According to privacy laws in Tennessee, the following are illegal forms of spying on a spouse or other citizens: 

• Wiretapping and electronic surveillance – Intentionally trying to access, intercept or have someone else intercept electronic, wired or oral communication without the subject’s authorization or consent is considered a violation. (§39-13-601)
• Interception of phone transmissions – This pertains in particular to cellular phones and cordless phones, making it illegal to record, intercept or monitor any conversation of which you are not a part. (§39-13-604)
• Unlawful photography – Without the subject’s consent or the consent of a minor’s parent or guardian, it is illegal to photograph a person in any situation in which there is an expectation of privacy, if the photograph would cause offense, embarrassment, or be used for sexual purposes. (§39-13-605)
• GPS tracking – Installing a tracking device and monitoring a vehicle’s activity is illegal without the car owner’s consent. The only exception to this law is when the tracking device is installed by a law enforcement officer, or by a parent or guardian who owns the vehicle and installs the device to monitor his or her minor child. (§39-13-606)
• Spying and observation – It is illegal to observe or spy on a person without consent. (§39-13-607)

Seek Legal Assistance 

According to a study by Indiana University in Bloomington, a shocking 19 percent of women and 23 percent of men admit to infidelity. If you think your spouse may be cheating and you’re considering spying, call the Miles Mason Family Law Group at 901-683-1850 today. Our team can help you learn more about surveillance and privacy laws in Tennessee.