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Can I secretly go through my partner's phone or Instagram account if I know the password?

In short

No. Getting into someone else's phone or account without permission is a crime (level 2). It makes no difference that they are your spouse.

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This rule in 59 seconds
Video transcript

You suspect your partner. You know their phone password, and you unlock it while they sleep. Not allowed: Getting into someone else's phone or account without permission is a crime: level 2. Knowing the password is not permission. The right way: Leave the phone alone and talk openly. Don't install secret tracking apps either; that can be a separate crime. Consequences (Level 2 offence): Prison: 6 months – 3 years; Or: 120 – 300 hours of work; Also: Compensation to victim.

What is not allowed, what is required?

  • Getting into someone else's computer system without permission is a crime (art. 524, level 2).
  • Going through your spouse's phone out of jealousy can also fall under this.
  • Knowing the password does not mean you have permission.
  • Secretly installing a tracking or listening app can be a separate crime (level 2). If it seriously disturbs the person's peace, it can also count as stalking.

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 2
Fine / payment
At this level, the main penalty is prison or an alternative penalty; the victim can also claim compensation separately

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36ejustice.just.fgov.be

Court / prison
6 months – 3 years in prison or electronic monitoring; 120–300 hours of community service or probation are also possible

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 2: 6 months – 3 years in prison or an alternative sentence. All penalty levels →

What really matters: the indirect consequences

  • It may appear on your criminal record extract (uittreksel uit het strafregister / extrait de casier judiciaire); this can cause problems when you apply for jobs

    Legal basis:Sv. art. 590, 595

  • You may also be asked to pay compensation to the victim

    Legal basis:BW Boek 6, art. 6.5

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Everyone's private life and messages are protected; marriage does not take this right away. Tracking someone to control them can be a form of psychological violence.

Where can you go?

  • Card StopIf you shared your card details, call straight away: 078 170 170
  • SafeonwebForward suspicious messages to verdacht@safeonweb.be
  • PoliceTo report threats, blackmail or stalking: 101 or your local police station
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
9 / 9 statements in an official source
Checked: 22.10.2026
Last checked
22.10.2026
Rules can change
Show the 9 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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