How to collect evidence and file complaint against phone spying?
It has come to my notice that a colleague is spying on my personal chats and phone. How can I gather evidence and file a complaint? Is it possible to track the IP addresses of phones with spy apps installed to monitor my personal data and understand the misuse?
Police/cybercrime units are empowered to trace, collect, and seek forensic analysis of digital evidence, including tracking app IP addresses, from devices and service providers. This may involve obtaining information from ISPs, app stores, or cloud services. Upon complaint and receipt of evidence, police may initiate investigation under the criminal law (including IT act) . They may seize devices, seek expert opinion, and request technical data (including IP logs) via due process. For certain intrusive measures (e.g., deep device forensics, interception), a court order or authorization from competent authority may be required to ensure legality and admissibility.
- National Crime Records Bureau (NCRB) and notified agencies can collect, store, and process digital ;measurements' (which includes digital/biological identifiers and potentially digital forensic data) for investigation and prosecution, and share with law enforcement. - Such data can be retained for 75 years unless acquitted. - Digital Personal Data Protection Act, 2023 Exempts personal data processing for investigation, prosecution, or enforcement of legal rights/claims from most restrictions. Law enforcement can process and review personal data for cybercrime investigation
- The first step would be to collect all relevant digital traces, including screenshots of suspicious activity, logs, device/app data, network activity, and evidence of unauthorized access. - Minimize interaction with original data to avoid tampering accusations. - If possible, clone device or make images for expert analysis. - For private individuals, courts accept self-certification if you are a lawful owner/controller of device/data but in some cases technical proof may be required, in that case, consult a legal professional for a drafting a Section 65B certificate. - File complaint (cybercrime cell/police) with all preserved evidence and s.65B certificate. - Request further technical investigation (e.g., IP tracking, device forensics).
If someone is spying on your phone or personal chats, it is a cybercrime. First, collect proofs like suspicious messages, screenshots, or spyware traces. Then file a complaint on the National Cyber Crime Portal (cybercrime.gov.in) or at your local cyber police station, take strict action against the culprit. This protects your privacy and data. For further legal assistance contact us on our helpline number.
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