Privacy and Technology in Family Law

Technology, the “Cloud”, information sharing apps, and social media can be extremely useful for busy families and couples.  Keeping track of everyone’s diaries and locations via “Find My Phone”, “Life 360”or family scheduling style apps can improve communication and make it easier to organise day-to-day appointments and social events. 

However, there are several potential risks and implications that can arise when couples separate, particularly if the separation is acrimonious.  As family lawyers, we are often asked how best to deal with technology and ensure that a client’s privacy is maintained.  Outlined below are some of the easiest and most effective steps we recommend you take to protect your personal information.

Protecting your privacy

1. Change your passwords

One of the first things we recommend to clients after separation is to consider changing all of their online passwords and even their email accounts. 

It is common for spouses to share passwords – either intentionally or accidentally – and one of the easiest ways to protect your privacy post separation is to ensure that you restrict access to any of your personal information online. This prevents any unauthorised access of information including your banking and financial details, email correspondence, credit card accounts and so on.

Some of the more common accounts that may require a change of password and updated details include (but are not limited to):

• Bank accounts and credit cards
• Shopping and online payment accounts (PayPal)
• Private health insurance
• MyGov
• Service NSW
• Superannuation accounts
• Shared entertainment and service accounts such as Uber, Netflix etc
• Email accounts and computer/tablet passwords
• Messaging apps like WhatsApp

2. Consider getting a new mobile phone

After separating, it is essential that you find and remove any apps that are set up to share information, such as “My Family Sharing” or “Find My Phone”.  If these apps are not deleted or reset after separation it can result in surveillance of your activities and communication without you even realising.

Never leave your mobile phone lying around unattended and if you don’t have a passcode or lock on the phone screen you should consider creating one as soon as possible.  Illegal spyware and tracking software are surprisingly cheap and easy to install on a phone in only a few minutes.  If you hear suspicious noises, or see apps that you don’t recognise, consider having your phone professionally checked to identify any hidden spyware.  We can recommend professionals who offer this service.

Many clients also consider getting a brand new phone to avoid any unauthorised access and to ensure there is no ‘sharing’ of information. 

3. Consider how you use social media

Even if you remove your former partner or spouse from your contact list or ‘unfriend’ them on social media, it is still possible for them to see your social media posts through mutual friends or contacts.  Likewise, ‘checking in’ to a venue or event can also share your location and activities with a former partner.

It is also important to understand that social media posts can be used as evidence in Court for a variety of purposes and posting about your former partner or the details of a legal dispute might even constitute a breach of section 121 of the Family Law Act (1975) - which could result in criminal penalties.  Think carefully before posting!

The government has established a website as a useful resource for women who are unsure of how to interact with a phone or laptop safely.  If you would like further information visit https://www.esafety.gov.au/women.  There is also a section on the site specifically for victims of family violence.

The benefits of technology

Whilst it is important to protect your privacy and be mindful of the potential risks concerning the use of technology post separation, there are many applications and ways to use technology than can be of benefit to families living apart.

Mobile phones offer parents and children a quick and effective way to communicate when they may not be living together and apps like “Our Family Wizard” can be used to assist communication between separated parents.

In addition, web conferencing (like Zoom) has proven to be popular for family members trying to stay connected, as well as being one of the tools now used by the Federal Circuit and Family Court of Australia during litigation as a way to improve efficiency and expedite matters.

If you have any concerns regarding your privacy post-separation and the use of technology, check with your family lawyer regarding some of the steps you can take to minimise risk.  For more information contact the Lamrocks family law team on ph: 02 4731 5688.