How to hack mobile phones and what the law says

Hacking into a mobile phone does not necessarily require any advanced technical knowledge. Those who do it rely on the fact that many phone users do not bother to change the default pin codes that allow remote access to their voicemail message boxes. Alternatively, if they do alter the four-digit number they often use a number associated with a family member’s birthdate or an anniversary. Armed with the pin code the hacker then dials the target phone at a time when it is off, or engaged, in order to be diverted to the message box. If the pin number matches, he has access to any new or saved messages. Listening in on mobile phone messages in this way is an offence under the Regulation of Investigatory Powers Act 2000, legislation which was brought in to give various government agencies the power to carry out surveillance. Intercepting telephone communications legally requires the consent of a member of the cabinet. Transgressors face up to two years in jail. However, since the act stipulates that the offence occurs if a communication is intercepted “in the course of its transmission”, hacking into someone’s old messages may not constitute a crime. Listening into a mobile phone user’s conversations while they take place is a far more complicated undertaking. It would usually necessitate either the cooperation of someone working for the relevant phone company or the placing of some kind of bug in the target’s handset. Confidential details such as phone records, bank details and medical records are obtained by private investigators who con their way into the confidence of the data keepers. This is an offence under the Data Protection Act and punishable by a fine of up to £5,000. However, significantly, such activities may be permissible in serious investigations if there is a public interest defence.

Source: http://www.timesonline.co.uk/tol/news/politics/article6690054.ece