In Spain, privacy isn’t just a personal boundary — it’s protected by law.
Article 197 of the Spanish Penal Code deals specifically with the discovery and disclosure of secrets (delito contra la intimidad / descubrimiento y revelación de secretos), covering any act that violates another person’s right to privacy.
🔍 What It Covers
Article 197 applies when someone, without consent, accesses or intercepts another person’s private communications or data.
This includes:
- Reading someone’s emails, text messages, or private chats (WhatsApp, DMs, etc.)
- Accessing password-protected files or devices
- Recording or sharing private conversations or images
- Using, transferring, or publishing the obtained data
Even viewing private information without permission can constitute an offence if done with intent to invade another’s privacy.
⚖️ Legal Consequences
The penalties depend on the gravity of the act:
- Basic offence: Imprisonment of one to four years and a fine for simply accessing private data or communications.
- Aggravated offence: If the information or images are shared, transferred, or published, the penalties increase — potentially three to five years of imprisonment.
- Professional breach: If committed by someone with special access (e.g., a professional, IT technician, or public official), sentences can rise further, and disqualification from their profession may apply.
🧠 Why It Matters — The Neuroscience of Privacy
From a psychological and neuroscientific perspective, privacy isn’t just a social norm — it’s a safety mechanism.
When our personal boundaries are invaded, the brain’s amygdala activates a threat response.
This leads to:
- Heightened cortisol (stress hormone)
- Distrust and emotional hypervigilance
- Difficulty rebuilding safety and connection
In relationships, violating privacy — whether by checking a partner’s phone or sharing messages — disrupts trust at a neurological level. The brain no longer associates the relationship with security, but with surveillance and uncertainty.
🕊️ In Summary
Article 197 exists to protect the sanctity of private life — a cornerstone of both psychological wellbeing and democratic society.
Respecting someone’s data, messages, or digital space isn’t just about avoiding legal trouble.
It’s about understanding that trust and privacy are inseparable — both in law and in the human nervous system.
By Linda C. J. Turner
Therapist & Advocate for Women’s Empowerment
Trauma Therapist | Neuroscience & Emotional Intelligence Practitioner | LindaCJTurner.com
