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On discovery and revelation of secrets

Specialist Lawyers in Discovery and Revelation of Secrets in Spain

Spanish Criminal Code

On discovery and revelation of secrets


 

Article 197

 
1. Whoever, in order to discover the secrets or to breach the privacy of another, without his consent, seizes his papers, letters, electronic mail messages or any other documents or personal belongings, or intercepts his telecommunications or uses technical devices for listening, transmitting, recording or to play sound or image, or any other communication signal, shall be punished with imprisonment of one to four years and a fine of twelve to twenty-four months.

2. The same penalties shall be imposed upon whoever, without being authorised, seizes, uses or amends, to the detriment of a third party, reserved data of a personal or family nature of another that are recorded in computer, electronic or telematic files or media, or in any other kind of file or public or private record. The same penalties shall be imposed on whoever, without being authorised, accesses these by any means, and whoever alters or uses them to the detriment of the data subject or a third party.

3. Whoever, by any means or procedure and in breach of the security measures established to prevent it, obtains unauthorised access to computer data or programs within a computer system or part thereof, or who remains within it against the will of whoever has the lawful right to exclude him, shall be punished with a prison sentence of six months to two years.

When, pursuant to the terms established in Article 31 bis, a legal person is responsible for the offences included in this Article, the punishment of a fine from six months to two years shall be imposed thereon. Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties established in Sub-Sections b) to g) of Section 7 of Article 33.

4. A sentence of imprisonment shall be imposed from two to five years if the data or facts discovered, or the images captured to which the preceding numbers refer, are broadcast, disclosed or ceded to third parties. Whoever, being aware of their unlawful origin and without having taken part in their discovery, perpetrates the conduct described in the preceding Section shall be punished with imprisonment from one to three years and a fine of twelve to twenty-four months.

5. Should the acts described in Sections 1 and 2 of this Article be perpetrated by persons in charge of or responsible for the files, computer, electronic or telematic media, archives or records, a sentence of imprisonment of three to five years shall be imposed on them, and if they disclose, communicate or reveal reserved data, the upper half shall be imposed.

6. Likewise, when the acts described in the preceding Sections concern personal data that reveal the ideology, religion, belief, health, racial origin or sexual preference, or when the victim is a minor or incapacitated, the penalties imposed shall be those foreseen in the upper half.

7. If the acts are perpetrated for profit- making purposes, the penalties shall be imposed as foreseen in Sections 1 to 4 respectively of this Article in the upper half. If they also affect the data mentioned in the preceding Section, the punishment to be imposed shall be that of imprisonment from four to seven years.

8. Should the acts described in the preceding Sections be committed within a criminal organisation or group, the higher degree penalties shall be applied respectively.
 

Article 198

 
The authority or public officer who, outside the cases permitted by Law, without there being a legal cause due to an offence having being committed, and availing himself of his office, acts in any of the manners described in the preceding Article, shall be punished with the penalties respectively foreseen therein, in the upper half and also with that of absolute barring for a term from six to twelve years.
 
Specialist Lawyers in Discovery and Revelation of Secrets

Specialist Lawyers in Discovery and Revelation of Secrets in Spain

 

Article 199

 
1. Whoever discloses secrets of others that he obtains knowledge whereof through his trade or labour relations, shall be punished with a sentence of imprisonment from one to three years and a fine from six to twelve months.

2. Professionals who, in breach of their obligation of secrecy or reserve, reveal secrets of another person, shall be punished with a sentence of imprisonment of one to four years, a fine of twelve to twenty- four months and special barring from that profession for a term from two to six years.
 

Article 200

 
The terms set forth this Chapter shall be applicable to whoever, discloses, reveals or communicates reserved data of legal persons without the consent of their representatives, except for what is set forth in other provisions of this Code.
 

Article 201

 
1. Prosecution of offences foreseen in this Chapter requires a report by the victim or his legal representative. When the former is a minor, incapacitated or handicapped person, it may also be reported by the Public Prosecutor.

2. The report required in the preceding Section shall not be necessary to prosecute the acts described in Article 198 of this Code nor when the offence committed affects general interests or persons at large.

3. Forgiveness by the victim or his legal representative, as appropriate, extinguishes the penal action without prejudice to what is set forth in Paragraph Two of Sub-Section 5 of Section 1 of Article 130.
 


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