Messages, calls, or data exchanged between a Spanish resident and a UK resident. Here’s how this works from a legal and practical standpoint:
1️⃣ Cross-Border Evidence Context
- If the case is in Spain and the evidence is on a Spanish phone, Spanish authorities can legally seize, analyze, and present that evidence under Spanish law.
- If the evidence involves a UK resident or UK device, Spain cannot directly seize the UK device. Evidence from the UK must be obtained through Mutual Legal Assistance (MLA).
2️⃣ What Can Be Done With Evidence on the Spanish Phone
- Call Logs / Messages: If the Spanish phone contains messages or call logs with a UK number, this is admissible in Spain as evidence against the Spanish resident or in a case involving communications.
- Attachments / Media: Photos, videos, documents sent from the UK phone and saved on the Spanish phone are also admissible.
- Metadata / Timestamps: These can help establish timelines, even without direct access to the UK phone.
Essentially, you can use evidence stored on the Spanish phone about communications with a UK phone—but you cannot directly access the UK phone without formal international cooperation.
3️⃣ Getting Evidence from the UK Phone
To get evidence from the UK phone itself, you need formal procedures:
- Mutual Legal Assistance (MLA) Request
- Spanish authorities send a request to UK authorities to obtain messages, logs, or data from the UK device.
- UK authorities assess whether the request complies with UK law and data protection rules before acting.
- Consent from the UK Resident
- The simplest way is if the UK resident voluntarily provides the data (via download, screenshots, or forensic extraction).
- Forensic Expert Collaboration
- A certified UK forensic expert can extract the relevant data and issue a report admissible in Spanish courts.
4️⃣ Admissibility in Spanish Courts
- Evidence from the Spanish phone is admissible, even if it references a UK phone.
- Evidence from the UK phone requires certification and compliance with MLA rules.
- Chain of custody and authenticity verification are critical to ensure Spanish courts accept it.
💡 Key Point:
You can use the Spanish phone as primary evidence, showing communications with the UK phone. Direct access to the UK device itself requires international cooperation (MLA) or voluntary provision.
