| Legal Note |
|
|
|
Article 197 of the Criminal Code of the kingdom of Spain 1. Anyone who, to discover the secrets or violating the privacy of another, without his consent, seizes their papers, letters, e-mails or any other documents or personal effects or intercept their telecommunications or use technical contrivances listening, transmission, recording or reproduction of sound or image, or any other sign of communication, shall be punished with imprisonment from one to four years and a fine of twelve to twenty-four months. 2. The same penalties to be imposed, without authorization, capture, use or modify, to the detriment of others, reserved data of a personal nature or of another family that are registered in computer files or media, electronic or telecommunication systems, or any another kind of file or record public or private. The same penalties were imposed on anyone who, without authorization, access by any means to them and those who alter or use the detriment of the data subject or a third party. 3. It will impose a penalty of imprisonment of two to five years if it is spread, or yield to others reveal the data or facts discovered or sensed images referred to previous numbers. It will be punished with imprisonment from one to three years and a fine of twelve to twenty-four months, which, with knowledge of the illicit origin and without having been involved in its discovery, engaging in the conduct described in the preceding paragraph. 4. If the events described in paragraphs 1 and 2 of this article is done by the people in charge or responsible for the files, software media, electronic or telecommunication systems, files or records, shall be imposed prison sentence of three to five years, and if spread, or yield data reveal reserved, the penalty shall be imposed in its upper half. 5. Similarly, when the events described in the preceding paragraphs affecting personal data revealing ideology, religion, belief, health, race or sexual preference, or the victim is a minor or a disabled person, shall be imposed the penalties provided at the upper end. 6. If such actions are carried out for profit, it will impose penalties provided for in paragraphs 1 through 4 of this article in its upper half. If further affect the data referred to in paragraph 5, the penalty imposed will be in prison for four to seven years. |