Under Article 197 of the Penal Code (Ley Orgánica 10/1995):
- Anyone who “uses technical devices to listen to, transmit, record or reproduce sound or images … without consent, to discover secrets or violate privacy” faces 1 to 4 years in prison and a fine of 12 to 24 monthly installments cms.law+14en.wikipedia.org+14palladinopellonabogados.com+14.
- If the recorded data or images are later disseminated to third parties, penalties increase to 2 to 5 years in prison (or 1–3 years with fines if not personally involved in the initial recording) en.wikipedia.org.
- If the offender is responsible for a data system (e.g., GPS or video archive), or the content involves sensitive information (e.g., health, sexual life), or the victim is a minor, disabled, or the recording was for profit, the penalties increase further—up to 5 years, or even 4 to 7 years if combined maint.loc.gov.
Thus, installation of hidden cameras or trackers by a current/ex-partner—often sensitive content—can easily trigger the upper end of these penalties.
📍 Specific Examples & Enhancements
- Hidden GPS trackers in cars
- In Palma (2017), a man was fined and placed under a restraining order for secretly tracking his ex-wife’s car .
- In Almería, a man sentenced to 9 months in prison for breaching a restraining order by using a GPS to stalk his ex-partner .
- Hidden cameras in homes or workplaces
- The Constitutional Court ruled hidden cameras—even in journalism—violate privacy rights .
- Employer surveillance is only allowed under strict conditions and with employee notice—covert camerasoutside exceptional cases are illegal iuslaboris.com+1reddit.com+1.
💶 Administrative & Civil Consequences
- Under GDPR/LOPDGDD via the AEPD, unauthorized surveillance can lead to fines of €300 to €600,000+, depending on severity reddit.com+6gallio.pro+6elcorteingles.es+6.
- Civilians can claim damages for privacy violation, distress, or breach of image rights through civil lawsuits .
👨❤️💋👨 Aggravation in Contexts of Gender Violence
If performed by a partner, ex-partner, or within a coercive control dynamic, Spanish courts apply harsher penalties. Cases often involve:
- Using trackers/cameras to monitor victims against restraining orders.
- Recording images/audio of an intimate nature or in private spaces (e.g. homes), targeting sensitive privacy.
- Content that’s sexual, intimate, or especially intrusive—especially when linked to ongoing abuse.
Sentences generally fall in the upper ranges (3–7 years), plus protective measures, restraining orders, and potential criminal record for violence .
✅ Summary Table
| Offence | Basic Penalty | Aggravated / Third-party sharing | Special Aggravations |
|---|---|---|---|
| Hidden camera / audio device | 1–4 years + 12–24 mo fine | 2–5 years (sharing) | Up to 5 years; 4–7 years if sensitive data / profit / minor / disabledreddit.com+1gallio.pro+1nietoabogadospenalistas.com+5palladinopellonabogados.com+5globalcompliancenews.com+5 |
| GPS tracker | Similar penalties under Article 197 principles | Aggravated when violating restraining orders or sensitive contexts | Case law shows 9 months–few years |
🛡 Legal Takeaways
- No hidden tracking without consent or a court order.
- Recording private intimate images inside homes is highly likely to incur the harshest penalties.
- Context matters: if tied to domestic abuse, restraining orders, or coercive control, expect prison time, fines, and civil liability.
- Even non-criminal but illicit recordings can result in massive administrative fines via the AEPD.
🧭 Final Word
In Spain, installing surveillance tools secretly into someone’s life isn’t a harmless “evidence tool”—it’s a criminal invasion of privacy with potentially severe legal repercussions, especially in relationships marked by abuse or control. The law is designed to protect victims, not abusers.
If you or someone you know is experiencing this kind of stalking or intrusion, it’s crucial to:
- Notify the police and file a complaint (denuncia).
- Inform the AEPD about the data privacy breach.
- Seek protective orders—courts take this seriously, especially in domestic abuse contexts.
