Crime against privacy

  crimes, Criminal law

He crime against privacy It is a criminal offense that violates the essential right to privacy. Which is done through the disclosure or use of data, the alteration or seizure of images or communications of a person.

The revelation and discovery are the main actions that originate crimes against. The protection of privacy consists of keeping out of the knowledge of third parties some aspects of life that they wish to keep private.

What is the crime against privacy?

He crime against privacy It is a criminal offense that violates the primary right to privacy. This fact is committed through the modification, seizure, disclosure or use of data, images or communications of a person.

This crime is committed simply by discovering a secret that breaks the privacy of the affected person. 

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The regulation of  crime against privacy is found in Title X of the Penal Code. The name of this title is the right to one's own image, crimes against privacy and the inviolability of the home. Chapter I disclosure and discovery of secrets in article 197 to 201.

 What is the right to privacy?

Article 18 of the Spanish Constitution establishes that the privacy is a right fundamental, related to the right to personality development. Criminal law provides privacy with certain privacy spaces, which do not allow outsiders to interfere.

Privacy is based on the absence of harmful or unnecessary or harmful interference. Which are related to the dignity of the person, according to the provisions of article 10 of the Constitution.

What are the behaviors that are considered a crime against privacy?

The behaviors that the Penal Code considers as crime against privacy are the following:

Discovery of secrets or data in records or files. 

Irruption of secrets in documents.

Clandestine appropriation of communications and audiovisual control.

Attacks against privacy that affect the most important part of that privacy.

Conduct on social networks that harms other people, such as the dissemination of images and recordings that were consented at some point. Which is done with the sole intention of harming that person.

Interception of data or computer intrusion.

Conduct of distribution or production of programs where computer violence is used.

Actions that affect labor secrecy.

Types of crimes against privacy

The types of crimes against privacy are the following:

Basic crime of disclosure or discovery of secrets

Article 197.1 of the Criminal Code establishes that anyone who seizes messages, letters or any other document is punished, as well as whoever intercepts communications, with the purpose of violating the privacy or discovering a person's secrets without their consent.

For this crime, a fine of one to two years and imprisonment of one to four years are applied.

Crime of discovery of secrets in an electronic device

Article 197.2 of the Penal Code establishes the punishment for anyone who uses, modifies or seizes personal or family data without authorization. Which are stored in computer media, to alter them and cause a damage to the owner. For this crime, a fine of one to two years and imprisonment of one to four years are applied.

What are the penalties for committing crimes against privacy?

The person who without authorization discloses, assigns, reveals to third parties recordings or images that seriously harm the personal privacy of another person. When these images and recordings were out of the reach of third parties, it will be penalized. 

The punishment consists of a fine of between six to twelve months or a prison sentence of three months to one year. He crime against privacy It will be especially serious and a prison sentence of three to five years will be applied in the following circumstances:

In the event that the acts are committed by the persons responsible for or in charge of the computer files or records.

When the actions are committed with the use of personal data without the consent of the person. In the case of sensitive data such as health, beliefs, racial origin, ideological, sexual life or religion.

In the event that the data used affects legally incapable persons or minors.

When the author of the disclosure or discovery acts for profit.