In Spain, the use of surveillance devices—such as hidden cameras, GPS trackers, or spyware—on a partner in the context of domestic abuse is considered a serious criminal offense and can carry prison sentences and restraining orders, especially under laws protecting victims of gender-based violence (violencia de género).
🚨 Key Legal Framework:
Spain has some of the strictest laws in Europe when it comes to domestic and gender-based violence. These laws fall under:
- Organic Law 1/2004 on Integrated Protection Measures against Gender Violence
- Criminal Code of Spain (Código Penal) – especially Articles related to privacy, harassment, and coercion
📸 Unauthorized Surveillance and Privacy Violations
1. Article 197 of the Criminal Code – Discovery and Disclosure of Secrets
This article covers illegal access to someone’s private life, including using surveillance devices (e.g., cameras, microphones, GPS, keyloggers).
- Penalty:
- 1 to 4 years in prison
- Fine of 12 to 24 months of income-based fines
- Harsher if the perpetrator is a spouse, ex-partner, or intimate partner
2. If Done Within a Pattern of Domestic Abuse
If the surveillance is part of coercive control, stalking, or a broader pattern of psychological abuse, it can increase the sentence and be classified as gender-based violence.
- Penalty may increase to 5 years or more when:
- There’s psychological damage
- The victim is a partner, ex-partner, or woman in a vulnerable position
- Children are affected
🧠 Examples of Surveillance Often Prosecuted:
- Installing spy apps on the victim’s phone
- Placing a GPS tracker in a car or bag
- Hiding cameras or microphones in the home
- Monitoring emails, messages, or calls without consent
When these actions are done in the context of controlling, threatening, or harassing a partner, they are often part of broader domestic abuse cases.
⚖️ Additional Consequences:
Besides prison and fines, courts often impose:
- Restraining orders
- Loss of custody or visitation rights with children
- Mandatory psychological treatment
- Compensation for emotional and psychological damages
📍 Real-World Example:
There have been Spanish cases where abusers received 3 to 5 years for using spyware to monitor their partners, especially when this was part of a campaign of intimidation or control.
💬 Final Thoughts:
Spain takes privacy violations within relationships extremely seriously, especially when linked to abuse. Surveillance of a partner without consent—even under the guise of “protection” or “checking up”—is illegal and often classified as a form of psychological abuse.
If you are involved in or supporting someone through a legal case where surveillance was used abusively, it’s important to consult a specialized domestic violence lawyer in Spain, as they can push for the full weight of the law under both criminal and gender violence statutes.
— Linda C J Turner
Trauma Therapist | Neuroscience & Emotional Intelligence Practitioner | Advocate for Women’s Empowerment
