Bufete de abogados penalistas Alonso Sala

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Disclosure of Secrets

Specialized criminal defense in the protection of the fundamental right to privacy and the secrecy of communications.

Criminal Protection of Privacy

In the digital age, privacy is the most vulnerable legal asset. The Spanish Penal Code, through articles 197 to 201, severely punishes not only the disclosure of secrets but the mere unauthorized access to the private sphere of individuals (Discovery of Secrets). nothing needs to be published to commit the crime; it is enough to read someone else's email or intercept a communication.

searchDiscovery vs. Disclosure

The basic crime (Art. 197.1) punishes the 'seizure' of papers, letters, or emails, or the interception of telecommunications, with penalties of 1 to 4 years in prison. If, in addition to accessing, the author disseminates or transfers that data to third parties (Disclosure, Art. 197.3), the penalty rises to 2 to 5 years. The red line is consent: without permission, any access to others' devices is criminal.

lock_personSensitive Data & Aggravating Factors

The law protects certain cores of personality with special zeal. If the revealed secrets affect health data, sexual life, ideology, religion, or if the victim is a minor or a person with a disability, penalties are imposed in their upper half (3 to 5 years in prison). Likewise, if the crime is committed for 'profit', the sentence will be more severe.

hubPrivacy Specialization Areas

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Business Secrets

Industrial espionage, leak of confidential information, and NDA violation by employees or competitors.

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Digital Privacy Breach

Hacking, reading others' emails, installing spyware, and unauthorized access to computer systems.

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Image Sharing / Sexting

Defense in non-consensual sexting crimes. Sharing intimate images obtained with or without permission.

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Why Alonso & Sala for Privacy Crimes?

Privacy crimes require forensic IT experts and deep digital privacy knowledge. We protect your private sphere with technical rigor.

checkForensic IT experts for IP tracking and metadata analysis.
checkUrgent obtaining of intimate content removal orders (revenge porn).
checkDefense in sexting, corporate espionage, and hacking crimes.
checkCoordination with Data Protection Agency for data protection and ARCO rights.

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Privacy FAQs

Is it crime to look at my partner's WhatsApp?expand_more

YES, absolutely. Art. 197.1 CP punishes with 1 to 4 years prison anyone who 'seizes papers, letters, emails, or any personal documents'. Supreme Court confirmed convictions EVEN when phone had no password. Simple access ALREADY is consummated crime.

What if they sent me photo voluntarily and I forward it?expand_more

It's crime (Art. 197.7 CP). Even if victim sent you intimate image voluntarily, if you share with third parties without consent, you commit crime punishable by 3 months to 1 year prison. 'Sexting Law'. consent was ONLY for you, NOT to redistribute.

Can I record conversation I participate in?expand_more

YES. Recording YOUR OWN conversation not secret disclosure crime, even if other party doesn't know. But diffusing it CAN be if seriously affects other's privacy. Recording THIRD-PARTY conversations (where you don't speak) is ALWAYS crime.

Is it legal to put GPS in my employee/partner's car?expand_more

Without consent or prior notice, it's CRIME. Workplace: GPS legal only if worker informed. Personal: placing tracking beacon to control partner is privacy crime + stalking/harassment.

What do I do if naked photos of me posted online?expand_more

1) Do NOT delete anything (make notarial act or digital certification of URL). 2) Report IMMEDIATELY to Police. 3) Request urgent content removal from Data Protection Agency. 4) Criminal complaint. Blocking dissemination is priority.

Is guessing Facebook password hacking?expand_more

YES. Don't need to be computer expert. Crime consists of 'accessing without authorization' breaching security measures. Guessing password or using one victim gave you for OTHER purpose (e.g. Netflix) to read private messages is crime.

Is it crime to forward sex video I received on WhatsApp?expand_more

YES. Criminal chain of custody reaches ALL who disseminate. Anyone receiving and forwarding (retweeting or sharing) commits SAME crime Art. 197.7 CP, even if not who recorded video originally. Each forward is new crime.

What is 'sensitive data'?expand_more

Specially protected data: health, ideology, religion, sexual life, racial origin, or gender violence victims. Revealing this data AGGRAVATES penalty to upper half (prison 3 to 5 years). Core of privacy.

Can my boss read my corporate emails?expand_more

Only if prior, CLEAR and NOTIFIED policy on computer use exists, warning email is professional and may be monitored. If NO warning (Barbulescu ECHR doctrine), boss commits crime reading them.

What penalty for installing spyware (keylogger)?expand_more

Art. 197 bis punishes with 6 months to 2 years prison anyone producing, acquiring, or facilitating computer programs designed for these crimes (spyware). Installing it AGGRAVATES penalty. Plus, secret discovery crime for use.

If I find unlocked phone and look at it?expand_more

Still crime if privacy invasion. Fact there's NO password does NOT imply privacy waiver. If accessing gallery or chats, you're committing offense. Privacy presumed, no 'ownerless phone'.

Can private detective record inside house?expand_more

NEVER. Domicile is INVIOLABLE (Art. 18 CE). Detectives can only investigate public places or visible from public. Recording with telephoto or microphones inside home is very serious crime.

When do these crimes expire?expand_more

Basic crime expires in 5 years. If aggravated (sensitive data, mass dissemination), period may be longer. Crucial to report ASAP to secure digital evidence (logs, IPs). Digital evidence is volatile.

What liability if company employee steals data?expand_more

If company had NO security measures (Criminal Compliance/GDPR), may have subsidiary civil liability and EVEN criminal if benefited from secret stolen from competitor (legal entity criminal liability).

Is it crime to reveal company secrets if saw illegal thing?expand_more

Complex. 'Whistleblowing' directive protects corruption whistleblower, but there are CHANNELS. Revealing trade secrets to press or competitors without using reporting channels may NOT be covered and be criminal.

Can I use audio recorded without consent as evidence?expand_more

IF YOU are conversation party, YES (valid trial evidence, STC 114/1984). If NOT party (recording other's conversation), evidence is NULL for violating fundamental right to communication secrecy (Art. 11.1 LOPJ).

What is 'revenge porn' legally?expand_more

Art. 197.7 CP. Dissemination of intimate images/videos WITHOUT victim consent. Penalty: 3 months to 1 year prison or 6 to 12 months fine. Aggravating if victim is ex-partner (gender violence). Plus, high civil compensation.

Is sharing screenshots of private conversations crime?expand_more

DEPENDS. If YOUR OWN conversation (you speak), generally NO (unless seriously affects other's privacy). If sharing THIRD-PARTY conversation (not participant), YES it's crime. Context matters: intimate vs professional.

Does it matter if victim is public figure (famous)?expand_more

Public persons' privacy has LOWER protection in PUBLIC INTEREST topics (ECHR). But in strictly PRIVATE realm (sex, health, family), have SAME protection. Being famous does NOT eliminate personal privacy right.

Can I access my minor child's email?expand_more

IF under 14 years, YES (parental authority allows supervision). Between 14-18 years, grey area: courts consider have certain digital autonomy. Better: open supervision with their knowledge. Spying on 17-year-old child can be crime.

Difference between this crime and defamation?expand_more

Secret Discovery/Disclosure protects PRIVACY (accessing/sharing private info). Defamation protects HONOR (discrediting statements). Can CONCUR: e.g. sharing intimate conversation (secrets) that also discredits (defamation). Penalty accumulation.

listTable of Contents

shieldClaves de la Defensa

Consent

If victim gave express consent to access communications or devices, no crime.

Null Evidence

If evidence obtained illicitly (e.g. hacked WhatsApp), inadmissible in trial (fruit of poisonous tree).

Lack of Intent

If access was accidental or error (e.g. opening other's email by confusion), no criminal intent.

gavelElementos del Delito

check_circleSeizure:Accessing papers, letters, emails, or others' telecommunications without authorization.
check_circleWithout Consent:Victim did not give permission for access. Consent must be express, not tacit.
check_circleDissemination (Aggravating):If besides accessing, revealed or transferred to third parties, penalty increases (2-5 years).

gavelConsecuencias Penales

Prison 1-4 years (Basic)

Seizure or interception of private communications.

Prison 2-5 years (Dissemination)

If secrets revealed or transferred to third parties.

Prison 3-5 years (Sensitive Data)

If affecting health, sexual life, ideology, religion, racial origin.

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Privacy Violated?

Act fast. Every day that passes makes securing digital evidence (IPs, logs) harder. Let's protect your privacy.

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