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?

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 ECtHR's Bărbulescu doctrine 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.