1. Inform the Guardia Civil Clearly
Let them know:
- Why you are handing over the phone (e.g., suspected hacking, abusive communication, surveillance).
- That the phone is locked, but you are willing to cooperate fully with access if needed.
- If you still remember the PIN, passcode, or pattern â provide it formally in writing or directly to the officer.
đĄ If you donât remember the passcode or if the phone is too damaged to unlock, donât worry â they have forensic tools to bypass many lock screens without altering data integrity.
đźââïž What the Guardia Civil Will Do
- Register the Phone as Evidence
Youâll likely be asked to sign a form confirming the voluntary handover of the device for investigation. This maintains a legal chain of custody and ensures the phone is admissible as evidence. - Forward It to the Forensic Unit
The phone will be sent to the Unidad de Delitos Informåticos (Cybercrime Unit) for analysis. This team uses forensic software to:- Access locked devices (using tools like Cellebrite or UFED).
- Extract WhatsApp chats, deleted messages, call logs, app usage, and location data.
- Check for malware, spyware, or suspicious third-party app installations.
- Verify if your phone was cloned or remotely accessed.
- Preserve Evidence Securely
Their analysis will ensure no evidence is altered or corrupted â very important in court settings where digital evidence must be verifiable and preserved correctly.
đ What You Can Expect Next
- If they find evidence of hacking, stalking, or coercive communication, this can strengthen your abuse case, or lead to separate criminal charges under:
- Article 197 (Privacy Breach and Cybercrime)
- Ley de Violencia de Género (Gender Violence Law)
- If malware or remote access tools are found, they will investigate:
- Who installed it
- When it happened
- Whether it ties to known communications or individuals in your abuse case
đĄïž You Are Protected by Law
- Youâre doing the right thing by turning over the device. Many survivors are unaware that digital abuse is a recognized, prosecutable form of ongoing harassment.
- Spanish law takes this seriously, especially if you already have protective orders or if the phone contains past abusive messages.
- Even if the phone is old, the data is still valuable. Patterns of control, threats, or manipulation â even years ago â show long-term psychological harm.
đż Final Advice for Survivors
- Make a written note for yourself of when you handed over the phone, who you spoke to, and what you explained.
- If you havenât already, let your therapist or lawyer know you did this â it helps build a more complete narrative for healing and legal action.
- If youâre working with a victim advocacy service, they can often follow up with the authorities on your behalf and keep you informed.
