Cellphone Records and Privacy in Legal Proceedings
- May 31, 2022
- 1 min read
Cellphone records can reveal sensitive information. They can also become relevant in legal and insurance disputes.
What happened?
In May 2022, the Johannesburg High Court considered whether an insurer was entitled to request an insured person’s cellphone records.
The insured had been involved in a motor vehicle collision. The insurer’s assessor requested information to validate the claim, including cellphone records.
How the information was requested
The insurer requested consent to approach the network provider for beacons and billing reports. It also requested that the insured obtain and provide certain records.
Practical point
Requests for cellphone records should be handled carefully. The relevance of the information, the policy wording, privacy rights and the purpose of the request all matter.