In 2018, it is difficult to find someone who does not rely on their phone for both their working and personal life. Given that a phone includes lots of personal information, it is important to regulate Privacy Rights for mobile phones. The Agencia Española de la Protección de Datos (AEPD, or The Spanish Agency for Data Protection) has released new guidelines for Privacy Rights and mobile phones.

It is important to be aware of the possible implications or punishment for looking at personal information on another person’s phone. The legal system in Spain is tightening up on these activities. To spy on the phone of a friend or partner can be considered a crime, and data protection groups are working towards viewing this type of activity as identity theft.

With an ever-increasing part of our lives relating to our mobile phones, our lawyers in Spain note that the regulatory bodies are starting to consider actions via mobile phone and technology of a similar severity to crimes in real life. That is to say, spying on someone in real life or attempting identity fraud would usually carry a serious punishment.

What type of actions may be considered as illegal?

• Revealing one’s personal information, or secrets.
• Identity theft or use of another person’s personal details.
• Violence
• Abuse, bullying and threats
• The actions could be against a person’s gender, sexuality or thier right to privacy and freedom.
• Other crimes which could be related to the use of another person’s mobile phone.

How do these crimes take place?

It could be possible that a crime related to spying takes place when another person installs spying software on a mobile phone which is not theirs. They may use this to extract personal information, or to monitor what a person is doing. This would occur without the person’s consent for it to be considered an action of a criminal nature.

How do these relate to the Criminal Code?

• The articles 197 of the Criminal Code, article 169, 171, 172, 248, 249, 250.
• This part of the criminal code relates to: technology, including messages, emails, filming and transmission devices, and mobile phones. It also includes attempts to read letters which are for other recipients.
• It denounces using these without consent, or with the aim of revealing a person’s secrets or to infringe a person’s privacy.
• The law states that crimes of these types can result in prison sentences and/or fines.

Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing info@pineradelolmo.com, or by telephoning +34 93 514 39 97 .

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant for your case please contact us.