How to Legally Obtain Your Spouse’s Chats as Evidence of Infidelity
Using Private Chats as Evidence in Divorce or Inheritance-Related Legal Disputes: Criminal Risks, Privacy, and Admissibility
The suspicion of infidelity can seep into a relationship like poison, eroding trust and fueling a desperate search for truth. In the digital age, a partner’s smartphone—often containing a trove of private messages—can seem like the key to uncovering betrayal. But while the temptation to peek into WhatsApp, Telegram, or Messenger chats is strong, doing so without permission raises serious legal and criminal implications in Italy.
These implications are particularly relevant not only in separation or divorce proceedings, but also in probate in Italy, Italian inheritance law disputes, or cases involving inheritance in Italy, where the moral conduct of the spouse or heirs can sometimes influence judicial outcomes (e.g., contesting a donation in Italy or inheritance claim on moral grounds).
Are Private Chats Protected by Law in Italy?
Under Italian law, private messages (via WhatsApp, Messenger, Telegram, SMS, or email) are treated as protected “correspondence.” Article 15 of the Italian Constitution guarantees the freedom and secrecy of such communications, reinforcing an individual’s right to privacy.
In addition, the General Data Protection Regulation (GDPR) and Italy’s Data Protection Code (Legislative Decree 196/2003, amended by Legislative Decree 101/2018) classify chat content as personal data. This means that accessing or copying chats without consent is considered unlawful data processing—unless done under a legitimate legal basis, such as the necessity to defend a right in court.
This becomes especially nuanced when dealing with Italian succession law, where proving undue influence, hidden donations, or infidelity can potentially affect inheritance shares or the interpretation of a will under Italian estate planning law.
Is Secretly Reading Your Spouse’s Chats a Crime?
Yes. Secretly accessing your spouse’s phone—even if you know the password—can lead to multiple criminal charges:
1 – Unauthorized access to a computer system (Art. 615-ter Penal Code) – This includes accessing a password-protected smartphone without consent, even within a marriage.
2 – Violation of correspondence (Art. 616 Penal Code) – Secretly reading or copying closed correspondence, such as private chats or emails.
3 – Illegal interference in private life (Art. 615-bis Penal Code) – Especially serious if spyware is used to monitor messages.
Even if these chats are intended as evidence of infidelity during divorce or to challenge a donation in Italy that may have affected inheritance tax in Italy, the courts have reiterated that criminal law does not yield to marital grievances.
A Supreme Court Ruling: Illegally Obtained Chats Cannot Be Used
The Italian Court of Cassation (Judgment No. 19421 of May 23, 2025) ruled that extracting and sharing messages from a spouse’s password-protected phone without consent—even if intended for separation proceedings—constitutes a criminal offense. The defendant had forwarded these chats to a lawyer to support a claim of fault, but was still convicted for unauthorized access.
This has implications for US citizens inheriting property in Italy as well. For instance, if a surviving spouse seeks to challenge inheritance shares based on alleged infidelity or moral misconduct, obtaining evidence illegally (even for use in Italian estate tax proceedings or while selling inherited property in Italy) can backfire legally.
Is Taking Screenshots of Chats Illegal?
Yes. Taking a screenshot of a partner’s private messages or photographing their phone screen without consent also constitutes a privacy violation. The crime occurs the moment the device is accessed without authorization—even if the screenshot isn’t shared.
Knowing the phone’s PIN doesn’t provide legal cover: the owner’s explicit consent is required for each access, even within a marriage.
Is It Legal to Install Spyware on a Spouse’s Phone?
Absolutely not. Installing spyware to monitor messages, GPS location, or app activity is considered unlawful interference in private life under Article 615-bis of the Penal Code. This holds even in situations involving inheriting property in Italy where a spouse suspects fraud or misrepresentation in asset declarations during Italian estate planningor succession procedures.
Can Chats Obtained Without Consent Be Used in Court?
In criminal trials, evidence obtained in violation of the law is inadmissible under Article 191 of the Code of Criminal Procedure. While Italian civil procedure doesn’t explicitly mirror this, most judges reject evidence that violates fundamental rights like privacy and communication secrecy (Article 15 of the Constitution).
This means that if you obtained chats without permission—whether in a divorce, or in a probate in Italy context involving challenges to Italian inheritance law or estate division—the court could both:
- Exclude the evidence
- Initiate criminal proceedings against you
Are There Exceptions When the Right to Defense Prevails?
Yes—but very limited. GDPR Article 9(2)(f) allows for the processing of personal data without consent if necessary to establish or defend legal claims. However, courts insist this exception applies only when the evidence is absolutely necessary and no legal alternatives exist.
This rarely justifies secret recordings or illegal data extraction. For example, in a dispute over Italian succession law, one might argue that chat records show undue influence over a decedent. But unless that data can be lawfully obtained, its use may not hold up in court and could expose the accuser to criminal risk.
Do Chat Screenshots Count as Evidence?
Yes, but with limitations. Screenshots and printed chats are considered mechanical reproductions under Article 2712 of the Civil Code. They are valid unless the other party specifically contests their authenticity.
If contested, you must prove authenticity by:
- Producing the original phone or device
- Requesting a technical expert (CTU) to verify message integrity and origin
Simply pasting a chat into a Word document is not enough—especially in sensitive legal matters like selling inherited property in Italy or determining shares under Italian estate tax rules.
How to Prove Infidelity or Unfaithfulness Lawfully
Rather than risk legal consequences, consider these legal and admissible methods to prove infidelity or behavior relevant to divorce or estate matters:
- Witness testimony from people who observed suspicious or intimate behavior
- Hotel or travel receipts, bank statements, or expense records
- Photographs/videos taken in public places
- Private investigators who operate within legal bounds
- Presumptive evidence: multiple consistent clues that together prove infidelity or misrepresentation
In the realm of Italian inheritance law, these methods may also be used to contest the moral fitness of an heir or spouse receiving assets under a donation in Italy, especially when the issue affects inheritance tax in Italy or rights of US citizens inheriting property in Italy.
Final Thoughts
Whether you’re facing a painful separation or navigating the complexities of inheriting property in Italy, it’s critical to stay within the bounds of the law. Secretly accessing a spouse’s private chats—even for seemingly justified reasons—can result in criminal charges, unusable evidence, and irreparable damage to your legal position.
If you believe you need access to private communications to defend your rights in a divorce or Italian estate planning dispute, speak with a qualified attorney. Legal methods exist, and a misstep can cost far more than it reveals.
VGS Family Lawyers is a law firm that specializes in family law matters such as inheritance, separation and divorce, child custody, and more.
In case you need assistance, please write to: info@vgslawyers.com.