🚨 1. Is It Still Illegal If the Interception Happens in Another Country?
Yes.
Even if the interception of WhatsApp calls occurs in Spain and you reside in the UK (or vice versa), both countries’ laws protect your right to private communications, and international cooperation laws allow prosecution of such crimes across borders.
The interception may violate:
- UK law (RIPA, Computer Misuse Act, DPA, etc.)
- Spanish Penal Code (Articles 197–198 on discovery and revelation of secrets)
- European Convention on Human Rights (Article 8: Right to privacy)
- International criminal cooperation agreements, including:
- The Budapest Convention on Cybercrime
- European Union–UK Trade and Cooperation Agreement (TCA, post-Brexit)
- Interpol or Europol coordination
🔐 WHAT MAKES IT A CRIMINAL OFFENSE?
To qualify as criminal cross-border surveillance, these elements matter:
| Element | Example |
|---|---|
| 📞 Unauthorised Access | Installing spyware, remote access apps, or hacking WhatsApp |
| 🧠 Intent to Monitor or Control | Motivated by abuse, coercive control, blackmail, or harassment |
| 🌍 Cross-Border Link | Victim in UK, interception in Spain or vice versa |
| 🔍 No Legal Authority | Not part of an official investigation or police action |
| 💡 Actual or Attempted Recording | Especially if the call or its contents were saved, used, or repeated elsewhere |
🧾 LEGAL CONSEQUENCES (Cross-Border)
🇬🇧 In the UK:
- Up to 10 years’ imprisonment for unauthorized access and surveillance under the Computer Misuse Act.
- RIPA 2000 applies even if the perpetrator is outside the UK but the victim is inside.
🇪🇸 In Spain:
- Article 197.1 of the Penal Code:“Whoever, to discover the secrets or violate the privacy of another, without their consent, seizes their communications or recordings…”➤ Penalties:
- 1 to 4 years’ imprisonment
- Fines of 12 to 24 months
- Aggravating circumstances (domestic abuse, minors, etc.) raise the sentence
⚖️ CAN YOU TAKE LEGAL ACTION IN BOTH COUNTRIES?
Yes — and here’s how:
✳️ Option 1: Report to UK Authorities First
- Report the offense to your local police station or via Action Fraud (if cybercrime)
- Ask them to initiate an international investigation through Interpol or Europol
- They may issue a European Investigation Order (EIO) to Spain
✳️ Option 2: Report in Spain (If You Live or Stay There)
- File a complaint with the Guardia Civil, Policía Nacional, or local court (
Juzgado de Guardia) - Spain may open a parallel criminal case, especially if:
- You live there
- Your device is in Spain
- The offender resides in Spain
Spanish courts have jurisdiction over any privacy violation or coercive control committed on Spanish territory, even if the victim is not Spanish.
👣 YOUR NEXT STEPS
✅ If You Live in the UK:
- File a criminal report with the police or Action Fraud.
- Ask them to open an international investigation due to Spanish connection.
- Keep a copy of all evidence (device logs, screenshots, etc.).
- Consider a civil claim if there is significant distress or reputational harm.
✅ If You Live in Spain (or are currently there):
- File a report with the Guardia Civil or Policía Nacional.
- Include evidence that you were targeted from the UK or by someone currently in the UK.
- Request legal protection if harassment or abuse is ongoing.
- Consider support from VIOLENCIA DE GÉNERO (gender violence unit) if applicable.
