privacy california tort
In CA: If one borrows a phone to send text messages and returns the phone without deleting them, is it legal for the owner to read or share the texts?
<p>In California, A borrowed a cell phone from B, which A used for months. Then, A returned the phone without deleting the text messages and even gave B the password to unlock the phone.</p>
<p>Is it legal for B (the owner of the phone) to read A's text messages? Is it legal for B to share A's text messages with others?</p>
<p>A never told B that they could or couldn't read or share their text messages, but they did give them the password to unlock the phone, so maybe permission was inferred.</p>

<p>Yes.  By the fact that A did not take steps to protect the messages from B and used B's phone, A has no reasonable expectation of privacy from B and B is free to read and share those messages with anyone B sees fit.</p>

<h2>If you want to keep things secret, don’t tell people</h2>
<p>It is 100% legal for me to read your text messages, letters and emails, listen to your voicemail, watch your videos and look at your pictures and unless there is an expectation of privacy.</p>
<p>Your mobile phone would normally be considered private. However, if you give it to me and tell me the password then that is no different from handing me a photo album, a DVD or your email password. You have made it clear that you do not expect privacy from me.</p>
<p>If you gave it to me for a specific purpose and clearly told me “don’t read the messages” then the messages remain private and I might be breaking the law if I look at them. This <em>could</em> be unauthorised access of a computer which is a crime in some jurisdictions. It could also be the tort of breach of privacy but that’s always a tricky one to prove. And, if I told someone else, it could be the tort of breach of confidence but that generally requires a special relationship of confidence.</p>
<p>The law does expect that you will take reasonable measures to protect your own privacy - if you strip in the front room with the curtains open, that’s not a private act.</p>
<p>As an aside, never hand your unlocked phone to a police officer - you just gave them permission to search it.</p>
