The same penalties will be imposed on anyone who

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Without being authorized, accesses them by any means and on anyone who alters or uses them to the detriment of the owner of the data or a third party. Section 197.2 of the Criminal Code Dissemination, disclosure or transfer of reserved data to third parties Article 197.3 regulates two aggravated types of the above crimes. The first happens when one of the three aforementioned crimes is committed and the discovered data is also disseminated, revealed or transferred to third parties . The second is an attenuated type of the aggravated modality, which consists of the same conduct, but here the author has not participated in the discovery of the information, although he knows its illicit origin. 3. A prison sentence of two to five years will be imposed if the discovered data or facts or captured images referred to in the previous numbers are disseminated, revealed or transferred to third parties. Anyone who, with knowledge of its illicit origin and without having.

Taken part in its discovery, carries out the conduct described in the previous paragraph, will be punished with prison sentences of one to three years and a fine of twelve to twenty-four months. Section 197.3 of the Penal Code We can help you At Dexia Abogados we are lawyers specializing in crimes against privacy . If you need an office with extensive experience in Criminal Law, contact us and find out without DM Databases obligation . CONTACT US Aggravated crime against privacy The crimes of discovery and disclosure of secrets will be especially serious in the following cases: When the acts are committed by the people in charge or responsible for the records or computer files. If the events are carried out through the unauthorized use of the victim 's personal data . If it involves sensitive data (ideology, religion, beliefs, health, racial origin or sexual life). If the data affects minors or the incapable.



If the acts are carried out for profit, the penalties respectively provided for in sections 1 to 4 of this article in its upper half will be imposed. If they also affect data mentioned in the previous section, the penalty to be imposed will be imprisonment of four to seven years. Article 197 of the Penal Code In addition, certain aggravated subtypes common to all crimes of discovery and disclosure of secrets are provided for . They are the following assumptions: When the acts have been committed by a criminal organization or group . If the person responsible is a legal entity . When it is committed by authority or public official, outside the cases permitted by law, without legal cause for crime and taking advantage of their position. If the acts described in this Chapter have been committed within a criminal organization or group, higher penalties will be applied respectively. Article 197 four When, in accordance with the provisions of article 31 bis, a legal person is responsible for the crimes included in articles 197, 197 bis and 197 ter, a fine of six months to two years will be imposed.