• Can I case on spy mobile company if my mom installed that software on my phone without my knowledge?

Hello,

I am 16 years old. My mom secretly put spy software in my mobile. Because of that my privacy compromise. Should I file case against that spy software company for breach my privacy?
Asked 3 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

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18 Answers

Company have not installed the software but your mother. And you are minor, mother is your guardian, she can infringe in your privacy.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

you cannot file the case against the company since your mother had purchased the software and it is she, who had installed the software on your phone,

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Yes,Definitely. 

You may file case before cybersecurity cell against your mom and spy software company both.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Yes you can

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your mother is the culprit she installed soy software on your phone 

 

case is maintainable against your mother for doing so not the software company 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You can case on the company but can file case against your mom

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Hello,

  1. The fact is that the spy software was installed in your mobile by your mother and not the company that developed the software. If you need to sue someone, it is the person who installed the spyware in your mobile.
  2. As you are still a minor and most likely dependent on your parents, certain amount of parental restrictions and controls might lie as a societal norm and the breach of privacy will not kick in to take any legal action.
  3. The software company would have obtained requisite sanctions before rolling out the product in the market and if someone purchases the product and uses it, it is wholly the discretion of the buyer/user.It would be best that you sort things out with your mom. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1.  The Software Co. did not install any "spy software" on your Mobile /Computer. Hence they cannot be prosecuted for any offence.

2. You Mom installed the  "spy software" on your Mobile /Computer, hence your Mom can be prosecuted for Criminal Intimidation, Nuisance, Breach of Trust, etc....

3. However, since you are a Minor (16 years), and your Mom is your biological & natural Guardian, you cannot prosecute anybody as a minor. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No, you cannot .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

No you can't because spy software needs to download from play store or in pre installed in your mobile or its need to download from internet, If its pre installed than kindly check company terms and conditions and disclaimer.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- No , the said mobile company is not accountable for the said Act, because it is your mother who has taken services from the said company. 

- However, being the minor , you can inform the said company only. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear Client,

You may make a complaint to the nearest police station against your mother.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

You cannot file any such case against the company especially for the acts done by your mother against you.

 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

not maintainable against company. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello!

1.You are a minor, and you cannot institute a civil suit or writ petition without a legal guardian. 

2. The software is installed in your phone by your mom. The company will evade it's liability by stating that you have voluntarily installed it after knowing the consequences.

3. A criminal complaint can be lodged against them under IT Act if they have stored/transferred some extremely sensitive data like nude photographs to someone else. 

4. The exact remedy will differ depending upon the kind of privacy breach. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file the police complaint against that company as well as against your mother for breach of privacy. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

No you cannot file case against a software company because your mother installed the software in your phone. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The spy company is not responsible as your mom has installed it in your phone.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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