Have you been charged with spying on your partner’s phone? According to the Youth and Gender Barometer 2023 from the Centro Reina Sofía sobre Adolescencia y Juventud de Fad Juventud, 45% of young people consider it normal to check their partner’s phone. This percentage is higher among women (54%) than among men (35%). Additionally, 22% of young people have been victims of this practice within their romantic relationships. In detail, 24% of women and 18% of men have experienced their partner checking their phone
If you’re wondering whether spying on your partner’s phone is a crime, in this article we will explain why checking your partner’s phone is a crime.
Is it a crime to check my partner’s phone?
The answer is clear: yes, it is a crime. Accessing another person’s phone without their consent violates fundamental rights such as privacy and secrecy of communications, protected by the Constitution and the Criminal Code.
If you have been charged with checking your partner’s phone, it is important that you consult with a criminal defense attorney who can explain what legal consequences you may face.
Crimes that may be committed by spying on your partner’s phone
Depending on how the phone is accessed and the information obtained, several crimes may be committed:
Yes, spying on your partner’s phone is considered domestic violence digital. According to the Government Delegation against Gender-Based Violence, this conduct is part of gender-based violence in the digital environment, which includes acts of control, harassment or invasion of privacy through the use of technology.
Furthermore, as we will see below, when the crime is committed within the context of a partner or former partner relationship, it is considered an aggravating circumstance and carries harsher penalties, including restraining orders.
What to do if your partner spies on your phone?
If you discover that your partner is spying on your phone without your consent, this may constitute a crime of discovery and disclosure of secrets, in this case it is advisable that you engage the services of an attorney experienced in private prosecution, who will advise you on how to gather evidence legally and effectively.
The attorney can also help you hire a computer forensic expert, who will analyze your device to detect possible unauthorized access or the installation of spyware. Once the necessary evidence is obtained, a complaint will be filed with the Duty Court, National Police or Civil Guard, ensuring that the process is carried out with all legal guarantees.
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.