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

URL: https://lawyer.rinberabogados.com/disclosure-secrets-privacy-violations-spain-defence/
Updated: 2026-05-18
Firm: RINBER Criminal Lawyers Spain (Málaga, since 1999)

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.