Charged with Disclosure of Secrets or Privacy Violations in Spain: Know Your Rights

In Spain, accessing someone’s phone, emails or online accounts without their consent — or sharing private images — can result in serious criminal charges under Article 197 of the Spanish Penal Code (Código Penal). Whether you are a resident, expat or foreign national, understanding your rights from the outset is essential to protecting your future.

What is “Revelación de Secretos” (Disclosure of Secrets) in Spain?

Spain’s Penal Code Articles 197–201 protect an individual’s right to personal privacy (intimidad). The main offences include:

• Unauthorised access to devices, emails or social media accounts — logging into a partner’s or colleague’s accounts without their knowledge (Art. 197.1).
• Intercepting phone calls or private messages including WhatsApp, SMS and other encrypted platforms.
• Installing spy software or stalkerware on another person’s device.
• Sharing intimate images without consent — criminalised under Art. 197.7 (“revenge porn”).
• Professional confidentiality breaches — doctors, lawyers, therapists disclosing client data (Art. 199).
• Trade secret disclosures — leaking confidential company information to competitors (Arts. 278–280).

What are the possible sentences?

• Basic offence (Art. 197.1): 1 to 4 years’ imprisonment plus a fine.
• Disseminating data to third parties (Art. 197.3): 2 to 5 years’ imprisonment. Aggravated penalties apply where the victim is a minor or particularly vulnerable.
• Professional confidentiality breach (Art. 199): 1 to 4 years’ imprisonment plus disqualification from professional practice for 2 to 6 years.
• Trade secrets (Arts. 278–280): 2 to 4 years’ imprisonment plus a fine.

Your rights if you are under investigation in Spain

• Right to silence — you cannot be compelled to make a statement (Art. 24 Spanish Constitution).
• Right to a lawyer — you may choose your own lawyer before any statement to police or the court.
• Right to know the charges against you in sufficient detail to mount a defence.
• Right not to incriminate yourself — the burden of proof rests on the prosecution.
• Right to the presumption of innocence — you are innocent until proven guilty.

These rights apply fully whether you are in Madrid, Barcelona, Málaga or any other Spanish jurisdiction.

Common situations that lead to these charges

• Accessing a partner’s or ex-partner’s phone, email or social media account without explicit permission.
• Sharing private or intimate photographs or videos of another person without their consent.
• Accessing a colleague’s or employer’s computer system beyond your authorised scope.
• Forwarding confidential company data or trade secrets to a competitor or personal devices.
• Medical practitioners, lawyers or therapists disclosing client information outside strict legal exceptions.

How a criminal defence lawyer challenges these cases

An effective defence requires both legal expertise and a thorough understanding of digital forensics. At RINBER, our approach covers:

• Judicial warrant review: was there a valid court order authorising the seizure or search of the device? Without a properly reasoned warrant, evidence may be inadmissible.
• Chain of custody: any break in the chain from seizure to courtroom can render evidence null.
• Forensic protocol compliance: the digital analysis must follow recognised technical standards. Deviations can invalidate results entirely.
• Consent: if the owner gave permission — expressly or impliedly — the conduct is not criminal.
• Was the information truly secret? If the data was publicly accessible, the protected legal interest does not apply.
• Absence of criminal intent (dolo): if access was accidental or you genuinely believed you were authorised, the mental element is absent.
• Exclusion of unlawfully obtained evidence (Art. 11 LOPJ): evidence obtained in violation of fundamental rights is absolutely null.

RINBER — English-speaking criminal defence lawyers in Spain

RINBER has been defending individuals charged with serious criminal offences — including disclosure of secrets and privacy violations — for over 25 years across Spain. We understand the pressures faced by expats and foreign nationals navigating the Spanish criminal justice system in a language that is not their own.

Our criminal defence lawyers are available 24 hours a day. Call us now on +34 627 467 042 or visit our contact page to request an urgent consultation. We have offices in Málaga, Madrid and Marbella and act in proceedings across the whole of Spain.