Blue Data Law's plain-English guide to the digital rights Californians can actually use.

Victoria: A reader wrote in shaken. Her ex always seemed to know where she'd been — the gym, a friend's house, a parking lot two towns over. She finally found a small white disc tucked in the spare-tire well of her car, and her iPhone had been quietly buzzing "AirTag Found Moving With You" for weeks before she understood it. That alert isn't a coincidence: Apple's support pages confirm iPhones running iOS 14.5 and later automatically notify you when an unknown AirTag travels with you over time — a feature Apple added specifically because the trackers were being misused to stalk people. So Michael, the question everyone's afraid to ask: is it actually illegal to plant a tracker on someone, or just creepy?

Michael, Esq.: It's illegal, and California named it plainly. Penal Code § 637.7 says no person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. The statute defines an "electronic tracking device" as any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals. That language is broad on purpose — it captures a hardwired GPS box, a battery-powered tracker magnetized under a bumper, and yes, a consumer AirTag dropped into a purse, a coat pocket, or that spare-tire well. If it's stuck to something that moves and it phones home your location, it's covered.

Victoria: What about consent? People say "it was my car" or "we share the account."

Michael, Esq.: Consent is the whole ballgame, and the statute is specific about whose consent counts. Section 637.7 does not apply when the registered owner, lessor, or lessee of the vehicle has consented. So if your name is on the registration or the lease and you didn't agree, an ex putting a tracker on that car violates the law — it doesn't matter that you were married, that you share a Netflix login, or that he "just wanted to know you were safe." The one big carve-out is for lawful use by a law enforcement agency. A jealous partner is not a law enforcement agency.

Victoria: And the penalty?

Michael, Esq.: A violation of § 637.7 is a misdemeanor. That's the criminal hook — but for most victims the criminal charge is only one of several doors, and often not the one that gives you the most control.

Victoria: Let's talk about phones, because not every tracker is a physical disc. "Stalkerware" apps — the ones an abuser secretly installs on your phone to read your texts, hear your calls, and watch your GPS — feel like a different animal.

Michael, Esq.: They are a different animal legally, and that actually works in the victim's favor because more statutes pile on. Section 637.7 is written around a device attached to a movable thing, so a covert phone app can be a tougher fit there. But secretly installing software to intercept your communications and surveil you implicates California's eavesdropping and wiretap laws under the broader Invasion of Privacy Act, and — critically — it almost always fits the stalking statutes. Penal Code § 646.9, the criminal stalking law, applies to a person who willfully, maliciously, and repeatedly follows or harasses another and makes a credible threat intended to place that person in reasonable fear for their safety or their family's safety. The statute expressly says a "credible threat" can be made through the use of an electronic communication device — texts, email, social-media messages — and that the threat can be implied by a pattern of conduct. Surveilling someone through their own phone and then using what you learn to menace them is the textbook pattern. Stalking under § 646.9 is a "wobbler" — it can be charged as a misdemeanor or a felony depending on the facts.

Victoria: Here's the practical worry. Calling the police and waiting for a DA feels slow and out of the victim's hands. Can you actually use these rights yourself?

Michael, Esq.: Yes — and California built a civil track precisely so victims don't have to wait on a prosecutor. Two statutes matter.

First, Civil Code § 1708.7, the tort of civil stalking. You can sue when the defendant engaged in a pattern of conduct intended to follow, alarm, place under surveillance, or harass you — "place under surveillance" is right in the statute, which is exactly what a tracker or stalkerware does — and as a result you reasonably feared for your safety or a family member's, or the defendant violated a restraining order. Know the evidence rule up front: you must support the pattern-of-conduct allegation with independent corroborating evidence. The recovered AirTag, the app, the location logs, the screenshots — that's your corroboration. A plaintiff can recover general, special, and punitive damages, and the court can grant an injunction.

Second, Civil Code § 1708.8, invasion of privacy. Its "constructive invasion of privacy" branch reaches someone who uses a device to capture images, recordings, or other impressions of you engaged in private or personal activity in a way offensive to a reasonable person. The remedies have teeth: up to three times your general and special damages, possible punitive damages, disgorgement of any proceeds if done for a commercial purpose, and a civil fine of $5,000 to $50,000.

Victoria: Where does the restraining order fit? People often want the danger to stop before they think about a lawsuit.

Michael, Esq.: That instinct is correct, and the statutes overlap by design. A civil harassment restraining order under Code of Civil Procedure § 527.6 — or a domestic violence restraining order if you have a qualifying relationship — can order the person to stop tracking you, stay away, and turn over or disable devices, often within days. And note the loop in § 1708.7: if the stalker then violates that order, the violation is itself a basis for the civil stalking tort. Protective order and damages suit reinforce each other.

Victoria: What should someone do today, the moment they find a tracker or suspect an app?

Michael, Esq.: Five steps. One — preserve evidence; don't smash the tracker or factory-reset the phone in a panic. Photograph the device where you found it, save the "AirTag Found Moving With You" notifications, and screenshot app lists, battery logs, and location history. Two — think about your safety before you disable anything; abusers sometimes escalate when they lose their feed. Three — file a police report referencing § 637.7 and § 646.9; the report number anchors everything later. Four — consider a restraining order to stop the conduct now. Five — talk to a lawyer about the civil claims under § 1708.7 and § 1708.8 while the trail is fresh, because corroborating evidence is the heart of the case.

Victoria: The honest limits?

Michael, Esq.: Be candid about consent and ownership — a tracker on a car titled solely to the other person, with no surveillance of you, is a harder case. Civil stalking demands independent corroboration, so a hunch alone won't carry it. These are criminal and tort statutes, not magic; outcomes turn on facts and evidence. This is general information, not legal advice — but if something is following you, you have real, usable rights, and you don't have to figure out which one to pull alone.

Victoria: If a tracker or an app is shadowing you, Blue Data Law will help you map the right move — criminal report, restraining order, civil suit, or all three. Free consultation: (707) 362-4166.

Attorney Advertising. Blue Data Law is a brand of the law practice of Michael Benavides, Esq. (State Bar of California #270714). "Victoria" is an editorial brand voice and narrative persona — not an attorney — and does not provide legal advice; all legal analysis is provided by Michael Benavides, Esq. This article is general information only, is not legal advice, and does not create an attorney–client relationship. Laws change and some statutes referenced may be subject to litigation; verify current status before relying on them. Serving Sacramento and Northern California. Free consultation: (707) 362-4166.

Sources: - Penal Code § 637.7 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=637.7.&lawCode=PEN - Penal Code § 646.9 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=646.9&lawCode=PEN - Civil Code § 1708.7 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.7. - Civil Code § 1708.8 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.8. - Code of Civil Procedure § 527.6 (civil harassment restraining orders) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=527.6. - Apple, "Get help with an unknown AirTag or Find My accessory" / AirTag safety notifications — https://support.apple.com/en-us/102558