Apple AirTag: the gadget to spy on your partner? The vision of our family law department
In the spring, Apple launched a brand-new gadget: the AirTag, designed to make life easier for the slobs among us. You can easily place this little disc on anything you ever have a crush on, such as your keys, wallet, bike, etc. This way you can always track its location via the Find My-app.
Since the launch of the AirTag, there has been some commotion about its potential privacy risks. While the AirTag is not the first tracker invented, it is the most accurate. Perhaps unsurprisingly, this also allows the AirTag to be used for more "sneaky" purposes.
Safety
To mitigate these privacy risks, Apple has built in some security mechanisms, but they do not appear to be flawless.
Thus, iPhone users will get a notification if a strange AirTag is around for some time, for a length of time that Apple considers abnormal. At least several hours, although it is not known exactly how long.
A notification will also be sent when a stranger AirTag is nearby at the location Apple has registered as your home or that you have so registered yourself.
Good to know, the AirTag is only compatible with iOS 14.5 (iPhone 6S and above), so older types or Android users will not get these notifications.
In addition, the AirTag separated from its owner for some time will make beeping noises. The length of time Apple considers abnormal for this is as much as three days, more than enough time to unknowingly track a target.
Marital control? How far is it allowed to go?
The gaps in privacy protection got our Family Law team thinking: to what extent are spouses allowed to monitor the actions of the other? And may these discoveries be used in divorce proceedings?
Indeed, Belgian case law assumes that, within certain limits, spouses can have a right to curiosity have. This includes allowing them to open and read their other half's letters, text messages, emails and diaries.
Fortunately, this right to curiosity is not unlimited; for example, the information must not have been obtained unlawfully or violate professional secrecy. For example, as soon as future ex-spouses receive authorization to live separately, the right to curiosity ends. From then on, secretly searching your partner's cell phone is considered unlawful.
By analogy with this established case law, we are of the opinion that secretly tracking your partner by hiding an AirTag in his jacket pocket or car is not justifiable. On the other hand, if the AirTag is linked to the family computer, access to this data could be legitimate.
The AirTag, by all means, creates new opportunities for spouses to exercise their right to curiosity, but also to test its limits.
Do you have any questions, concerns or doubts about this? Do not hesitate to contact us. Our specialized team is ready to help you.
