Audacia Abogados

Is it legal to spy on your partner's cell phone without their consent?

What happens if you spy on your partner's cell phone?

Criminal law
Is it legal to spy on your partner's cell phone without their consent?

When love becomes harmful, spying on the partner's personal devices (mobile, laptop, etc.) with the intention of controlling their actions becomes an obsession for certain people. This fact can result in serious legal problems.

At Audacia Abogados we analyze the criminal consequences of spying on your partner's cell phone or hiring a private detective and if the evidence of infidelity is valid in the case of divorce or shared custody of the children.

Can I spy on my partner's mobile?

72% have never spied or would spy on their partner's mobile. This is reflected in a query made to more than 1,000 followers through the Facebook profile of Audacia Abogados, which also shows that 17% have done so or want to do so and that the remaining 11% have not done so, but are considering it. . Also, there are followers who claim that they have no problem looking at their partner's mobile and vice versa.

For all those who confess that you have spied on or will spy on your partner's mobile, at Audacia Abogados we remind you that reviewing WhatsApp conversations, reading emails or entering your partner's social networks is not legal. Article 197 of the Penal Code punishes anyone who, in order to discover the secrets of another, without her consent, seizes papers, letters, emails, etc. intercept their telecommunications or use listening, transmission, recording or reproduction devices, punishing them with prison sentences of one to four years and a fine of twelve to twenty-four months, with a daily fee that ranges between two and four hundred euros. Here, there is no difference between spying on emails or phone messages and physically seizing a letter from the mailbox or installing a hidden camera and recording another in privacy.

Likewise, illegally entering a computer system, using any device, violating the passwords and security measures of its owner also has criminal consequences. Article 197 bis of the Penal Code penalizes these actions with prison sentences from six months to two years. Therefore, unless you have express authorization, you cannot invade the privacy of your partner, nor access their content, calls, messages or WhatsApp if you do not want to be charged with this type of crime.

The penalties are increased from two to five years in prison if the facts discovered or the images captured are distributed to third parties.

What are the consequences of creating a false profile on social networks to control your partner?

Signing up on social networks such as Twitter or Facebook with a fictitious profile and data to try to start a conversation with your partner and see how they behave, unless you are impersonating someone's real identity, is an action that, although it is considered incorrect from the moral point of view, has no criminal consequence.

Is it legal to hire a private detective to follow your partner?

When one of the members of the couple wants to know how the other person behaves when she leaves her home, she has the possibility of hiring a detective. When this work is carried out, it must not be forgotten that private investigations have restrictions and are punished.

The penalties established by the Penal Code in its upper half will be applied to the detective who commits this crime against privacy for profit.

Nor should we forget that the person who hires this service will also be criminally charged as a necessary co-author, without being able to hide that the person who carried out the spying action was the detective, because it was really him who hired him to do the crime.

Can I ask for compensation if I am involved in a toxic relationship?

If you are involved in any of the above cases and you think that your partner has exceeded all limits, first of all, you have to gather all the evidence of the charge at your fingertips such as WhatsApp conversations, etc. in which the other party affirms the facts, possible witnesses to them or any evidence obtained without violating fundamental rights and freedoms. That is, if your partner recognizes in the Facebook profile that they have been spying on you, they can take screenshots and present them as evidence as long as their profile is public. If, on the other hand, mechanisms that violate their privacy are used to obtain these tests, the test will be declared null and you will also be able to see yourself on the bench.

With the evidence obtained legally, you can go to the National Police, Civil Guard or the Investigating Court of the locality and explain everything that happened through a complaint, which will lead to subsequent criminal proceedings.

The culprit of these crimes not only responds criminally, but can also be sentenced to repair the damages caused by his actions. The victim may request compensation for damages or non-pecuniary damage that the judge will decree in the sentence depending on the seriousness of the facts and the circumstances that occur.

In this type of crime against privacy, it is a legal requirement to file a complaint by the victim or her legal representative, parents or guardians, if the person is a minor. In addition, the forgiveness of the offended party entails that the criminal action is completed, thus ending the criminal process.

How does this type of act influence in case of separation or divorce?

From Audacia Abogados we want to emphasize that, according to the Civil Code, there is no legal cause for separation or divorce other than the loss of marital affection. Therefore, neither the infidelity itself, nor the emails or WhatsApp that prove said infidelity, have an effect on the measures to be adopted regarding the common children (parental authority and guardianship and custody regime) or, in the economic measures between spouses such as compensatory pension.

If you are curious to know more about the subject, contact us.

Criminal law

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