Someone accessed my stored text messages without authorization. What law protects me?

What the Law Says

The Telecommunications Act 1997 (Cth) makes it a criminal offence to access stored communications — including text messages — without authority. This applies regardless of how the access occurred (e.g., via phone, cloud backup, or carrier systems).

Section 300A of the Telecommunications Act 1997 creates an offence for unauthorised access to stored communications. It applies to any person who intentionally accesses, or attempts to access, a stored communication held on a telecommunications system — such as SMS messages stored on a mobile device, SIM card, or network server — without lawful authority or reasonable excuse.

The law covers both the act of accessing and the act of causing someone else to access the message. It does not require proof that the person knew the access was unlawful — only that the access was intentional and unauthorised.

Importantly, this protection applies even if the messages were stored on your own device — because once stored on a telecommunications system (including devices used to send/receive telecom services), they fall within the definition of 'stored communication' under the Act.

Statutory Text

A person is guilty of an offence if the person intentionally accesses, or attempts to access, a stored communication on a telecommunications system without lawful authority or reasonable excuse.

— Telecommunications Act 1997 (Cth), s. 300A(1) — Unauthorised access to stored communications

What to Do

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