The suspicion of an affair drives many people to look for shortcuts. One of the most common is buying a small GPS tracker and hiding it under the spouse's car to reconstruct their movements. It seems like a harmless and "private" act, but from a legal standpoint it can turn the person seeking evidence into a suspect. Let's see why, and what the truly effective path is.
Is putting a GPS tracker on your spouse's car a crime?
There is no rule that expressly bans "the GPS on the car", but the covert and continuous tracking of a person can amount, case by case, to several criminal offences depending on the means and the purpose:
- Persecutory acts - stalking (art. 612-bis c.p.): when the monitoring becomes repeated and causes the victim anxiety, fear or a change in their way of life, the tracking can constitute the offence of stalking.
- Unlawful interference with private life (art. 615-bis c.p.): according to part of the case law, covert tracking of someone's movements may fall under this offence; the classification is debated, because the provision primarily punishes visual and audio recordings.
- Unlawful processing of personal data (GDPR and art. 167 of the Privacy Code): geolocation is personal data. Collecting it secretly, without a legitimate legal basis, constitutes unlawful processing, which can be a criminal offence when it is carried out for profit or to cause harm and damages the person concerned.
In other words: the risk is not theoretical. Whoever installs the device may end up being reported by the very spouse they intended to "unmask", with a reversal of roles that is far from rare in separation proceedings.
Ownership of the car and consent: the factors that matter
The assessment changes depending on certain concrete circumstances. A jointly owned vehicle or one used by both is one thing, a car that is the exclusive property and exclusive use of the other spouse is another: in the latter case the intrusion is clearer and the unlawful aspects are aggravated. The purpose pursued also matters: monitoring as an end in itself, driven by jealousy or a desire for control, is the ground on which the offences described above arise. The practical rule is simple: without the consent of the person concerned, DIY GPS tracking is almost always a dangerous path.
DIY evidence is (almost always) unusable
Even assuming you obtain some data, there is a second problem that is often ignored: evidence collected unlawfully is useless in court. The logs of a secretly installed GPS, unauthorized ambient recordings or messages read by abusively accessing the partner's devices (art. 615-ter c.p.) run a real risk of being excluded or given little weight by the judge. The result is the worst possible one: no usable evidence for a fault‑based separation (art. 151 c.c.) and, on top of that, personal criminal exposure.
The legal alternative: the authorized private investigator
The correct way to turn a suspicion into valid evidence runs through an investigation agency authorized pursuant to art. 134 TULPS. The activity of observation, surveillance and tailing carried out by licensed professionals is lawful because it is aimed at protecting a right of the client and conducted within the limits set by the GDPR and the Italian Data Protection Authority. See our authorisations and certifications for the credentials behind this work.
The result is a documented report: geolocated photographic and video records and a chronology of the activities, which the judge assesses freely, and investigators who can be called to confirm them as witnesses. Everything that DIY cannot offer. If the issue is protection in separation proceedings, read more about our marital infidelity investigations; if a criminal proceeding is involved, see the defensive investigations under art. 327-bis c.p.p. For a complete overview of the services for individuals and families, visit the private investigations in Milan page.
Tracking a car with GPS: what the law says about installation
Tracking someone's movements by attaching a satellite tracker to their vehicle is not a neutral act: the installation of a GPS device on a car that is not yours, without the consent of whoever uses it, may amount to unlawful processing of personal data and, according to part of the case law, to the offence of unlawful interference with private life. Intent does not help — suspecting infidelity is no defence — and neither does the fact that the device was bought legally: what the law weighs is the use made of it. The only route that produces usable evidence is to entrust the surveillance to a licensed investigator.
Sesto San Giovanni and North Milan: valid evidence, without risks
Arcadia Company's operational headquarters is located in Sesto San Giovanni, in a strategic position to cover the entire northern Milan area and the province of Monza and Brianza. Relying on our private investigator in Milan means obtaining documented answers without exposing yourself to any criminal consequences.
Assignments are activated quickly - usually within 24-48 hours of the preliminary interview - with a clear and binding quote before the start. The first step is a free, confidential consultation, protected by professional secrecy and with no obligation.