Virtually our entire life is recorded on our mobile phone: the pages we visit, the conversations we have with friends or family, the photos we take, what we see on the Internet… and some may consider it a good idea take your partner’s cell phone to know what he sees, what he speaks or what he does. But you should never do it. And we explain why.
It goes without saying that anyone has the right to their privacy and intimacy and that you cannot rummage through their things, read their messages without consent or spy on their mobile. Not even if it is your best friend, your best friend, your partner or your brother. It is also unnecessary to say that spying on your partner’s mobile without her consent is something that you should never do because any relationship should be based on respect and trust. mutual trust. But, in addition, and you may not know it, at spy on your partner’s mobile you are committing a crime.
Crimes against privacy
If we want to clear up doubts, we just have to take a look at the article 197 of the Penal Code.
- Whoever, to discover the secrets or violate the privacy of another, without their consent, seizes their papers, letters, email messages or any other documents or personal effectsintercept their telecommunications or use technical devices for listening, transmission, recording or reproduction of sound or image, or any other communication signal, will be punished with prison sentences of one to four years and a fine of twelve to twenty-four months. .
The same happens with supports or computer files, as stated in 197.2 of the Penal Code:
- The same penalties will be imposed on anyone who, without being authorized, seizes, uses or modifies, to the detriment of a third party, private data of a personal or family nature of another that is registered in files or computer, electronic or telematic media, or in any other way. another type of file or public or private record. The same penalties will be imposed on whoever, without being authorized, accesses them by any means and whoever alters or uses them to the detriment of the owner of the data or a third party.
What if he gave me his password?
You may have your partner’s mobile password. For example, you know the screen unlock pattern because you have usually seen how you enter it to use your smartphone. In this case, we don’t have to force anything because we know how to access it or even because she herself has told us how to unlock it. Would this allow us to read your conversations or messages or view your history? No, of course not. It doesn’t matter if you have his password because using it without consent would also be a crime.
If you have given us your password for any reason, it does not mean that we can make indiscriminate use of it or that we access private content.
Neither apps nor fake profiles
Not only can you not pick up the phone while he is showering, but you will not be able to do any kind of process that involves espionage or that involves controlling your partner. This includes creating fake profiles on social networks to, for example, impersonate another person and get information from your partner on any topic. Here, in addition, you are committing a crime of impersonation of someone.
What about spy apps? Like is logic, neither. The Criminal Code punishes the use of any type of spyware. Spy applications or programs dedicated to this type of crime. Using them to find out the computer’s password or keep track of what is done would imply committing a crime.
So… can I see your phone?
No. In no case. Although it seems unnecessary to have to say or remember it: You cannot access your partner’s networks without their consent nor will you be able to read their messaging application conversations or check their mobile history. And yes, there are already cases in which people have been sentenced for this: in 2017 a man in Ourense was sentenced for accessing his ex-girlfriend’s Facebook account and accessing email accounts. In addition, in the case of being your partner, you can face the aggravating factor of kinship due to the affective relationship between the spy (you) and the victim. So think carefully before doing it.
What if he shows me? Logically, and in a normal and healthy relationship, your partner is going to show you all kinds of content on your mobile phone. Whether it’s memes or Instagram reels or conversations that may seem relevant on WhatsApp. In this case, as is quite obvious, there would be no problem since there is a consent.