Disclosure of Secrets: 2026 Guide (Phones, Emails and the Workplace)

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?

It can be, and it carries a prison sentence. Taking your partner's phone without their consent to read their WhatsApp messages or emails or to look at their photo gallery may constitute an offence under Art. 197.1 CP, punishable with one to four years in prison and a fine of twelve to twenty-four months. The provision requires the access to be «sin su consentimiento» (without their consent) and makes no exception for spouses or partners: neither a suspicion of infidelity nor the fact that the phone had no password amounts, on its own, to that consent.

Workplace Monitoring: An Employee's Emails

In the workplace, the employer may NOT freely access the employee's email or devices. In a Grand Chamber judgment of 5 September 2017 (application no. 61496/08), the European Court of Human Rights found a violation of Article 8 of the European Convention on Human Rights because the domestic courts had not established whether the employee had been notified in advance of the possibility, extent and nature of the monitoring. The Court requires that prior notice to be weighed together with the degree of intrusion, the employer's legitimate reasons and whether less intrusive means were available. In Spain, Article 87 of Organic Law 3/2018 on data protection requires the employer to set criteria for the use of digital devices and inform staff of them. Without that prior notice, access may breach the employee's privacy, render the evidence obtained inadmissible and, in the most serious cases, be examined under Art. 197 CP.

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 or a fine of 6 to 12 months. 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.