By Usman Fambuleh
Lawyer Mohamed Wurie Bah has warned that accessing a partner’s mobile phone without permission may constitute a criminal offence under Sierra Leone’s Cyber Security and Crime Act, 2021, even where the person knows the phone’s password.
Bah made the statement during an appearance on Truth Morning Devotion on Truth FM 103.9, where he discussed issues including the Cyber Security and Crime Act, cyberbullying, social media use, and concerns around online platforms.
He said the issue that attracted the most public attention was his explanation that secretly checking a partner’s phone could potentially violate provisions of the cybercrime law.
Following the programme, Bah said several members of the public questioned whether a person who suspects a partner of infidelity has the legal right to search their phone, and whether marriage or knowledge of a partner’s password changes the legal position.
In a subsequent article, Bah explained that the Cyber Security and Crime Act defines a mobile phone as a “computer system,” meaning provisions relating to unauthorised access can apply to smartphones.
Referencing Section 33 of the Act, he said a person commits an offence if they intentionally access a computer system without authorisation. He added that viewing another person’s private messages on a phone without permission could be considered unauthorised access.
Bah further explained that taking screenshots of private conversations may amount to copying data, while deleting messages could constitute altering or erasing information, potentially attracting further legal consequences.
Addressing situations where a partner knows another person’s phone password, Bah referred to Section 34(3) of the Act, arguing that general permission to use a device does not automatically grant authority to access all information stored on it.
He said knowing a partner’s PIN or being given a phone for a specific purpose does not necessarily amount to permission to search private messages, photographs, or other personal data.
Bah stressed that permission to use a phone is different from consent to inspect its contents, adding that consent can be withdrawn. He also argued that using a sleeping partner’s fingerprint to unlock a device cannot be considered valid consent.
The lawyer’s interpretation has sparked public discussion about the application of Sierra Leone’s cybercrime laws in personal relationships. However, no reported court decision has yet addressed this specific issue under the Cyber Security and Crime Act, 2021.
