Disclosure of Secrets: 2026 Guide (Phones, Emails and the Workplace)
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listIn this article
lightbulbKey Takeaways
- check_circlePrison 1-4 years
- check_circleAccessing WhatsApp
- check_circleSexting Art. 197.7
- check_circleSensitive data
Quick answer
The offence of discovery and disclosure of secrets (Art. 197 CP) punishes not only disclosure but the mere unauthorised access to another person's private sphere. Taking your partner's phone to read their messages, emails or photos is an offence under Art. 197.1 CP, with prison of one to four years, even where there is a suspicion of infidelity or the phone had no password. In the workplace, the employer cannot access an employee's email or devices without a prior, clear and notified usage policy. Circulating intimate images obtained with consent but shared without permission (Art. 197.7, 'revenge porn') is punished with prison of three months to one year, and the penalties rise if sensitive data is revealed, the victim is a minor or there is a profit motive.
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The right to privacy is one of the most strongly protected legal interests in the digital age. The offence of discovery and disclosure of secrets (Art. 197 of the Criminal Code) punishes not only disclosure but the mere unauthorised access to another person's private sphere. As lawyers experienced in offences against privacy, we break down the red lines that must never be crossed.
Looking at Your Partner's Phone: Is It an Offence?
Yes, and it carries prison penalties. The Supreme Court has been emphatic: taking your partner's phone to read their WhatsApp messages or emails or to look at their photo gallery constitutes an offence under Art. 197.1 CP, punished with 1 to 4 years in prison. It does not matter whether they are husband and wife, whether there is a suspicion of infidelity, or whether the phone had no password: unconsented access breaches constitutional privacy.
Workplace Monitoring: An Employee's Emails
In the workplace, the employer may NOT freely access the employee's email or devices. The European Court of Human Rights case law on employer monitoring of employee communications requires there to be a prior, clear and notified usage policy warning the worker that their means are professional and may be monitored. Without that prior warning, the employer's access is void and criminal.
Circulating Images (Sexting) and "Revenge Porn"
Art. 197.7 CP (the "Sexting Act") punishes anyone who circulates intimate images obtained with the victim's consent (e.g. sent in the trust of the relationship) but shared without permission. The penalty is 3 months to 1 year in prison. It is vital to understand that consent to RECORD or RECEIVE does not imply consent to CIRCULATE. Going viral on social media exponentially aggravates both the criminal liability and the amount of compensation.
Compensation for Non-Material Damage
In addition to criminal liability, this offence carries substantial civil liability. The courts award high compensation for non-material damage, taking into account the distress suffered by the victim, the scale of the circulation and the harm to their reputation and private life.
Critical Aggravating Factors
The penalties rise to the upper half (3 to 5 years in prison) if sensitive data is revealed (health, sex life, ideology), if the victim is a minor, or if it is done for profit.
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Frequently asked questions
Is it an offence to look at your partner's phone?expand_more
Yes. Taking your partner's phone to read their WhatsApp messages or emails or to look at their photo gallery constitutes an offence under Art. 197.1 CP, punished with prison of one to four years. It does not matter whether there is a suspicion of infidelity, whether they are spouses, or whether the phone had no password: unconsented access breaches privacy.
Can the employer access the worker's email?expand_more
Not freely. Employer monitoring of communications requires a prior, clear and notified usage policy warning the worker that their means are professional and may be monitored. Without that prior warning, the employer's access is void and may be criminal.
What does circulating intimate images or 'revenge porn' punish?expand_more
Art. 197.7 CP punishes with prison of three months to one year anyone who circulates intimate images or recordings obtained with the person's consent (for example, sent in trust to a partner) but shared without permission. Consent to record or receive does not imply consent to circulate.
What aggravating factors raise the penalty for this offence?expand_more
The penalties rise to the upper half (three to five years in prison) where sensitive data such as health, sex life or ideology is revealed, where the victim is a minor, or where the conduct is carried out for profit. The offence also carries substantial civil liability for non-material damage.
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