A Spanish man who had been sued by his ex-wife for reading his children’s WhatsApp conversations has been cleared by a court.
The mother had claimed in a court in the city of Pontevedra in Northern Spain that her ex-husband had breached her daughter’s privacy when he asked his two children to handover their mobile phones in order to read their WhatsApp messages.
Speaking to a local newspaper the woman said that the father had put both the children into a room and then went through his daughter’s conversations on her mobile phone. He subsequently demanded the son to hand over the phone, who refused.
The father allegedly threatened the son with the police if he didn’t provide the password.
Lower Court Sided With Mother On Breach Of Privacy Rules
An earlier lower court ruled in favour of the mother after she argued that her ex-husband’s actions were against Spain’s privacy laws.
But, according to the higher court her stand was in conflict with Article 154 of the country’s civil code which deals with parental responsibilities.
Article 154 states that parents have an obligation to educate their children and provide an integral education.
The judge’s ruling noted that with the development of social media networks, and WhatsApp, “attention and vigilance” is needed from parents to “preserve the safety of minors.”
The mother has been asked to pay all legal costs.
Case Could Set Legal Precedent
The case follows other recent rulings in Spanish courts related on the use of WhatsApp.
A woman was deemed to be guilty of slander last year in Galicia for her statement seen in her WhatsApp status which referred to her former partner.
Spain’s civil code states that all chat messages sent via email, SMS and WhatsApp are admissible as evidence in court.
International Impact
The case could also have an impact internationally by setting a precedent, particularly when seen against the backdrop of the ongoing global debate regarding the extent of access that law enforcement agencies can have to digital communication.
The FBI attempted to force Apple to unlock a phone in 2016 that belonged to San Bernadino shooter Syed Farouk, but failed.
In the aftermath of the case, Facebook introduced end-to-end encryption for the WhatApp messaging service, which ensures that law enforcement cannot read the messages even if they are able to get legal access.
Announcing the move, WhatsApp stated that the idea was to ensure that the only person or persons who can read a message are ones to whom it was sent it, saying that it cannot be read by anyone – “not cybercriminals. Not hackers. Not oppressive regimes. Not even us.”
