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Is phone spyware legal, and how to find stalkerware on your phone

Worried someone has put spyware on your phone? What the law says, the signs the FTC and eSafety list, how to check safely, and why to plan with a support service before removing anything.

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If someone seems to know where you’ve been, who you’ve messaged or what you’ve said in private, it’s reasonable to wonder whether your phone is being monitored. Stalkerware is software installed on a phone without the owner’s knowledge to track location, read messages or record calls. This guide is for people who think it may have been used against them. It covers what the law says, the signs to look for, and how to check without putting yourself at more risk. If you’re in danger right now, call your local emergency number.

Is it legal?

Secretly monitoring another adult’s phone is generally against the law. Depending on where you live, it can count as stalking, harassment, unauthorised access to a computer, or illegal interception of communications. In the US, the FTC banned a stalkerware company and its CEO from the surveillance business and ordered it to delete the data it had collected (FTC). Australia’s eSafety Commissioner treats it as a form of cyberstalking that can be reported to police.

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Signs to look for

The FTC’s guide to stalkerware suggests looking at both the phone and the other person’s behaviour:

  • The battery drains faster than usual, data use jumps, or the phone overheats.
  • The phone turns off and on unexpectedly.
  • Someone knows your exact location, or details of private conversations, without being told.
  • Someone has had your phone without you there.
  • Apps you don’t recognise, sometimes with bland names. The FTC notes one product hid itself as “System Service”.

How to check safely

  1. Plan first. The FTC warns that removing stalkerware can tip off the person who installed it. Talk to a domestic violence advocate before you change anything, using a phone or computer the person hasn’t had access to.
  2. Review apps and permissions. Look for unfamiliar apps and check which apps can use location, camera and microphone. On Android, check device admin apps; on iPhone, check for unknown configuration profiles.
  3. Check accounts, not just the phone. A shared cloud account or a known passcode can expose messages and photos without any app. eSafety’s online safety checklist walks through this.
  4. Keep evidence. Note dates, screenshots and anything the person has said that they shouldn’t know.
  5. Reset when safe. A factory reset or a new phone can help. Don’t restore apps from an old backup, then change passwords and turn on two-step verification.

Where to get help

  • US: National Domestic Violence Hotline, 1-800-799-7233, or text START to 88788.
  • Australia: 1800RESPECT on 1800 737 732; police on 000 in an emergency or 131 444 otherwise.
  • UK: National Domestic Abuse Helpline, 0808 2000 247; 999 in an emergency.

ImposterWatch doesn’t scan phones for spyware. ImposterWatch Personal (US$9/month, cancel anytime) adds breach alerts and account recovery help once you’re ready to secure your accounts.

Questions

Is it legal to put spyware on someone else’s phone?

Secretly installing monitoring software on another adult’s phone can break laws on stalking, harassment, unauthorised computer access and interception of communications, in the US, Australia, the UK and elsewhere. The FTC has taken action against a stalkerware company and banned it from the surveillance business.

How can I tell if my phone has stalkerware?

The FTC lists faster battery drain, unexpected data use, overheating and the phone restarting on its own, plus an abuser knowing your location or private conversations. Stalkerware is designed to hide, so you may not find an obvious app.

Should I delete it straight away?

Not before thinking about safety. The FTC warns that removing stalkerware can alert the person who installed it. Talk to a domestic violence advocate first, using a device the person hasn’t had access to.

Will a factory reset remove it?

A factory reset or a new phone can help, but the FTC says not to restore apps from an old backup. Change your passwords and turn on two-step verification afterwards.

Who can I call?

In the US, the National Domestic Violence Hotline: 1-800-799-7233. In Australia, 1800RESPECT (1800 737 732), and 000 in an emergency. In the UK, the National Domestic Abuse Helpline: 0808 2000 247.

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General information only, not legal or financial advice. ImposterWatch is operated by Cloud Investments FZE (UAE) and is not a background check or private investigator service.