Disclosure of Secrets

The disclosure of secrets crime is regulated within the offenses against privacy, the right to one’s own image and the inviolability of the home title, specifically in the articles 197 and the following of the Penal Code. The conduct giving rise to criminal liability is to seize the papers, letters, e-mails or any other personal documents or effects from another person or to intercept their telecommunications or use technical devices for listening to, transmitting, recording or reproducing sound or images or any other communication signal, for the purpose of uncovering the secrets or violating the privacy of another, without his or her consent.

In addition, this crime also includes the conduct of seizing, using or modifying, to the detriment of a third party, the confidential personal or family data of another person recorded in computer, electronic or telematic files or media, or in any other type of public or private file or register.

For carrying out any of these acts, the accused will face imprisonment of one to four years and a fine of twelve to twenty-four months.

In addition, legal entities can also commit this crime and be convicted for it. Article 197 of the Penal Code punishes legal entities who commit the crime of disclosure of secrets with a fine of six months to two years.