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Old 08-18-2007, 05:43 PM   #1 (permalink)
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Default Text Messaging // Privacy

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Now i know i have posted something similar to this just i want some new opinions on the matter. My dad is the primary account for my t-mobile phone. We have a family plan and I was wondering if he could acess my text messages. Now i know he can see who the messages are to and when they were sent but can he read the acutual message that i sent word for word after they were deleted off my phone. Basically what i need to know is can my dad read the acutual text i sent by going to the t-mobile provider? and if so isnt there any privacy statment the provider must abide by? please get back to me its sort of important and its really been bugging me heh


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Old 08-18-2007, 05:48 PM   #2 (permalink)
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The reason why its bugging me so bad is that my dad will through it in my face thta he reads my texts and im curious if he can acutually read them or is he just saying that to intimiate me?
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Old 08-18-2007, 05:52 PM   #3 (permalink)
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Yes, he can access your messages. As he is the account holder, he can request them from T-Mobile.

May I suggest that if you wish to send messages that you'd like him not to read, that you get a prepaid phone or open your own account?
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Old 08-18-2007, 06:12 PM   #4 (permalink)
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NO NO NO he cannot read the msgs. Its would be a preach of the privacy laws for him to read the actually msg. There is no way what's so ever for the rep or your dad to know what you have been texting without actually seeing it on your device. Period end of story.

If he were to do so if a preach of privacy laws. The rep can't even access this information. All it will say is when it was send and to whom and vice versa. Nothing more. The only time anyone can see it is with a warrant from a judge and or a police officer feels that knowing the info is needed to save a life. And to get that info takes a lot. He would have to go through the coperate security team of the provider and they investigate all requests before giving you any info.
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Old 08-18-2007, 06:19 PM   #5 (permalink)
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Quote:
Originally Posted by Cory Scheuer View Post
NO NO NO he cannot read the msgs. Its would be a preach of the privacy laws for him to read the actually msg. There is no way what's so ever for the rep or your dad to know what you have been texting without actually seeing it on your device. Period end of story.

If he were to do so if a preach of privacy laws. The rep can't even access this information. All it will say is when it was send and to whom and vice versa. Nothing more. The only time anyone can see it is with a warrant from a judge and or a police officer feels that knowing the info is needed to save a life. And to get that info takes a lot. He would have to go through the coperate security team of the provider and they investigate all requests before giving you any info.
Cory, the word you are looking for is "breach". Also, as you live in Canada, I do not believe that you can actually comment on US law.

The fact is, her dad owns the phone number, and it is his legal right to know about any of the messages sent from that phone number.
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Old 08-18-2007, 06:43 PM   #6 (permalink)
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okay well im still kinda confused because isnt it a personal privacy law even in the u.s. that wont allow him to acess them... ?
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Old 08-18-2007, 06:47 PM   #7 (permalink)
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I guess the best way to find out definitively would be to contact T-Mobile to see if that is possible. You could ask, "If I were to open an account and someone else had a phone on my account, would I be able to see any text messages content that they send?"
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Old 08-18-2007, 07:12 PM   #8 (permalink)
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okay well im still kinda confused because isnt it a personal privacy law even in the u.s. that wont allow him to acess them... ?
There ARE personal privacy laws, however, they do NOT apply to you in this case because you do not own your account. If the account was in your name, then you would be protected from others viewing your messages.
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Old 08-18-2007, 07:58 PM   #9 (permalink)
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US privacy law is way more strict then Canadian law, believe me i have dealt with US privacy laws before...

Yes he could get the info but as far as i know like i said he cannot without getting a warrant, i cant see any SMS on my screen when i access peoples accounts. Your dad would have to jump through so many hoops to get the info he wants he wouldnt bother.
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Old 08-18-2007, 10:38 PM   #10 (permalink)
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okay thanks
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Old 08-19-2007, 01:49 AM   #11 (permalink)
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If he sets up the phone on a BES account, then he'll have full access to any data on the phone, not just SMS.
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Old 08-19-2007, 09:16 AM   #12 (permalink)
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Quote:
Originally Posted by Cory Scheuer View Post
US privacy law is way more strict then Canadian law, believe me i have dealt with US privacy laws before...

Yes he could get the info but as far as i know like i said he cannot without getting a warrant, i cant see any SMS on my screen when i access peoples accounts. Your dad would have to jump through so many hoops to get the info he wants he wouldnt bother.
Her dad OWNS the account. Therefore, he OWNS the phone, and OWNS the SMS that are sent to or from it. This means he has a full legal right to view them.
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Old 08-19-2007, 09:25 AM   #13 (permalink)
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problem solved...i called tmobile. they said the FCC does not allow them to view text messages...its under a customer confidentiality law. they said even if i am the owner, i still would not be able to request it because they do not have the ability to track them, fcc doesn't allow it. they can just see the too and from phone numbers. so cory is right...warrant or squat. case closed, your safe
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Old 08-19-2007, 09:46 AM   #14 (permalink)
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problem solved...i called tmobile. they said the FCC does not allow them to view text messages...its under a customer confidentiality law. they said even if i am the owner, i still would not be able to request it because they do not have the ability to track them, fcc doesn't allow it. they can just see the too and from phone numbers. so cory is right...warrant or squat. case closed, your safe
I find that very hard to believe, particularly coming from the mouth of a Customer Service rep.
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Old 08-19-2007, 10:23 AM   #15 (permalink)
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well if thats the case they would feed her dad that same line. i'm satisfied with that answer. sounded believable to me.
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Old 08-19-2007, 11:37 AM   #16 (permalink)
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Default FCC and State PSC

I work in telecom for a local carrier for 10 years.
The FCC and PSC are very strict about what is private regardless of who owns the number or account.

I admit I can't speak for text msgs specifically, but the rules would be the same for phone call records in general.

Example: If a customer calls me staying they got a threatening call from a private number and want to know who called, I can pull the logs for the call, but it is very time consuming if they didn't execute a trace. Then when I get the log of the call, I cannot by law tell the customer the calling number. They have to file a police report, then I give the log to only the police, upon request.

Even if the police send me a subpoena asking for old records for a number, I charge them hourly labor rates to do the work, which sometimes they end up not needing the info that bad to prosecute a case so they withdraw request.

Again, I admit I can't speak for text records specifically, but the hoops the carrier needs to jump thru to pull them, and the laws regarding regulated utilities are the same.

We are also requird be law to maintain the event records for 7years, but archived data is not something any customer or law enforcement personnel can just get instantly or for free.

If you really want a definative answer call the FCC or your state PSC.
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Old 08-19-2007, 12:11 PM   #17 (permalink)
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^ told you
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