In Spain, hiding recording devices in someone else’s home without their consent is generally illegal. The law is quite strict about unauthorized surveillance, and it is treated as a serious invasion of privacy. Here’s a breakdown from a legal, psychological, and practical perspective:
1️⃣ Relevant Spanish Laws
- Article 197 of the Penal Code – Discovery and disclosure of secrets
- Covers secretly intercepting or recording private communications or images.
- Criminalizes capturing, storing, or disseminating private information without consent.
- Penalties can include fines or imprisonment, depending on the severity and whether it is shared or published.
- Article 197‑bis – Unauthorized access to computer systems or devices
- Applies if a device is connected to a network or computer system and someone accesses it without authorization.
- Penalties increase if sensitive personal data is involved.
- Data Protection (GDPR / AEPD)
- Secretly recording or collecting personal data without consent can also violate GDPR in Spain.
- The Agencia Española de Protección de Datos (AEPD) can impose fines and order removal of unlawfully captured material.
- Special aggravating circumstances
- If the recordings involve intimate or sexual content, minors, or are used for harassment or blackmail, penalties are much more severe (Article 197.7).
2️⃣ Why this is illegal
- Violation of privacy: Spanish law strongly protects the right to privacy in your own home. Hidden cameras or microphones without consent are considered an illegal intrusion, even if placed by a family member.
- Potential harassment / stalking: Continuous surveillance can be classified as harassment or intimidation, adding criminal liability.
- Evidence admissibility: Unauthorized recordings made in private spaces are often inadmissible in court and may even trigger prosecution for the person who installed them.
3️⃣ Practical steps if you suspect hidden devices
- Do not confront aggressively — safety first.
- Check for unusual objects: Smoke detectors, clocks, chargers, and other electronics can conceal cameras/mics.
- Consider a professional sweep: Private investigators or security experts can detect hidden devices.
- Document suspicious items: Take photos, note dates/times, and any unusual behavior.
- Report to authorities:
- Policía Nacional or Guardia Civil (Grupo de Delitos Telemáticos or general crime units).
- Provide any evidence of threats, hidden devices, or recordings.
- Seek legal advice: A Spanish lawyer can help file a criminal complaint (denuncia) and advise on civil remedies.
- Data protection complaint: If personal data was recorded, you can also report to the AEPD.
4️⃣ Key points
- Even if the person is a family member, consent is required to record audio/video in your home.
- Using or sharing recordings without consent can lead to criminal and civil liability, fines, and prison sentences.
- The law treats your home as a protected private space, and privacy violations are taken seriously.
