However, a proper prosecution of the crime will likely only take place if the illegal mobile phone has led to other crimes, such as harassment. However, before you go to the police, you should first ask yourself if you have accidentally accepted a location, for example as part of installing an app. Even if you want to meet friends, the mobile phone can be (legally) very useful. This cell phone location is still legal if the people to be located accept this location. Sign-in apps send SMS or push notifications to ask for permission. These apps are useful for finding friends who are nearby and then hanging out with them. In order to put an end to illegal location, the legislator has built an obstacle. After each fifth location, the targeted person must be informed by SMS. Otherwise, he doesn`t know how many times he`s been monitored. Finding a cell phone is not that difficult nowadays.
If you have wondered what the legal situation is regarding the location of mobile phones, we can now answer this question. Even providers that suggest that you can track someone via WhatsApp mobile phone location don`t offer legal things. The police have been using this method for a long time. By order of a judge, she can locate a wanted person via her mobile phone. But anyone else can easily find mobile phones these days, for example with location services on the Internet such as trackyourkid.de, elternortung.de or ehebruch24.de. Some locations are also allowed without consent. You are allowed to locate your dog, cat or other pet. You can also locate your own mobile phone, by which, for example, the iPhone has already integrated mobile phone location with services such as «Where is my iPhone» to find the exact location. The Samsung Galaxy and Windows Phone have similar features through the app. via Google Maps and the app on the phone, but this is illegal and strictly prohibited. Don`t take it lightly not to warn people if you plan to locate their phone. According to § 149 Abs.
1 (Nr. 17a/17b TKG), you should expect a fine procedure. The amount of the fine may vary. Without written consent for the location of the mobile phone, this is not allowed. Even if you hired someone to locate a smartphone. If this is the case, you may be lucky if the service provider has to pay the fine. What you are not allowed to do is secretly locate someone else`s car, boyfriend, girlfriend, husband or wife. This is not allowed through an app, mobile phone, or other trackers, even if you find many providers through Google that offer it illegally. If you`re worried about your spouse cheating, cell phone tracking is illegal. Do not buy a tracker to locate them secretly, otherwise you will be liable to prosecution. A legal possibility is the use of a detective agency. The detective then performs a normal observation, if you have a legitimate interest in knowing where that person is.
In case of theft, you can also locate your own (legal) mobile phone. The procedure is analogous to losing a phone. While there is definitely a crime, the police can also take care of the legal location of the cell phone. Yes of course. Many reputable mobile phone locations are made without a subscription, but the subscription itself is of course not necessarily a point that speaks against the seriousness of the provider. An indication of whether this is an actual legal mobile phone location is, for example, independent test results. Fun apps, on the other hand, are also marked as such in the product name. Examples of mobile phone location without subscription are available en masse, including: A location costs between 49 and 99 cents depending on the provider, sometimes installation fees are added see table. Other services only offer localization subscriptions. For example, for 8.99 euros per month, there is unlimited access to www.handy-ortung.org. The subscription is valid for at least one year. Autolocation is generally allowed.
If you locate someone else`s mobile phone without obtaining the owner`s consent, you violate their right to informational self-determination (Article 8 of the EU Charter of Fundamental Rights) and expose yourself to prosecution. You cannot locate a mobile phone without consent. However, with the written consent of the mobile phone owner, you can legally use location services. Section 98 of the Telecommunications Act (TKG) states that an SMS notification is sent to the located device with each location request. This is intended to protect against unnoticed location of the mobile phone without consent. A legal gray area is the location of your underage children: Often the parents are the owners of the phone, so it is a personal location. Here, however, the personal rights of children and the protection and custody obligations of parents are also opposed. The older the children, the more the weight shifts in the direction of personal rights. Therefore, inform your child that you are locating their cell phone.
Without consent, the location remains questionable. Special circumstances may mean that police must investigate using a cell phone location. But here too, strict guidelines apply, to which civil servants must adhere. They are not allowed to decide for themselves when to use cell phone tracking as a method of investigation, but need permission from the court. Summary What does the law say? Mobile phone location in searches Hört success rate […] With regard to the location of the mobile phone, we have already pointed out several times that this is only allowed if it is your own mobile phone or if a person who has expressly given consent to the location must be located. With this article we would like to go into detail about the legal basis for this processing – […] Cell phone tracking is not only used by concerned parents. «Most of our users are worried about finding a stolen or lost mobile phone,» says Matthias Stauch of Intervista AG. According to its own information, it is the market leader in Germany with around 200,000 users. On the other hand, you can no longer legally locate a mobile phone yourself if the corresponding functions are disabled and it has been lost, for example. Mobile phone tracking is currently causing controversy again and again. Is cell phone tracking illegal or can you legally locate a cell phone? What does data protection say about this? And is there a mobile phone location without a subscription? Below are answers to these and other questions.