SpainCódigo Penal, Interception of Telecommunications and Technical Listening or Recording to Discover Secrets or Violate Privacy (Article 197(1))
Ley Orgánica 10/1995, de 23 de noviembre, Código Penal, art. 197(1)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- Do not, to discover another person's secrets or violate their privacy and without their consent, intercept their telecommunications or use technical devices for listening, transmission, recording or reproduction of sound or image, or of any other communication signal (Article 197(1)).
- Do not, for the same purpose and without their consent, seize another person's papers, letters, e-mail messages or any other documents or personal effects (Article 197(1)).
- Do not disseminate, reveal or cede to third parties the data or facts discovered, or the images captured, through such acts (Article 197(3)).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Imprisonment of one to four years and a fine of twelve to twenty-four months for the basic offence (Article 197(1)). Imprisonment of two to five years if the data, facts or images are disseminated, revealed or ceded to third parties (Article 197(3)). The penalties in their upper half if the acts are carried out for profit (Article 197(6)). A fine of six months to two years for a legal person responsible under article 31 bis (Article 197 quinquies). Prosecution requires a complaint by the aggrieved person or their legal representative, except in the cases Article 201(2) lists.
What this law does
Article 197(1) punishes whoever, to discover another person's secrets or violate their privacy and without their consent, seizes their papers, letters, e-mail messages or any other documents or personal effects, intercepts their telecommunications, or uses technical devices for listening, transmission, recording or reproduction of sound or image, or of any other communication signal. The penalty is imprisonment of one to four years and a fine of twelve to twenty-four months.
Article 197(3) raises the prison term to two to five years if the data or facts discovered or the images captured are disseminated, revealed or ceded to third parties. Article 197(6) raises the penalties to their upper half if the acts are carried out for profit. Article 197 quinquies punishes a legal person that is responsible under article 31 bis for the offences in articles 197, 197 bis and 197 ter with a fine of six months to two years.
Article 201 makes a complaint by the aggrieved person or their legal representative necessary to prosecute these offences, and the complaint is not required when the offence affects general interests, a plurality of persons, or a minor or a person with a disability in need of special protection.
When LexLint raises it
When your app profile says your app records conversations, processes voice recordings or deploys a chatbot.