The Criminal Complaint and the Reform of the Penal Code Regarding Privacy and Cybercrime

The Criminal Complaint

By filing a criminal complaint, an individual informs the Court of the alleged commission of a crime and expresses the intention to become a party in any ensuing legal proceedings. A criminal complaint must meet certain requirements, including:

• Identification and address of the accused.

• Description of the facts upon which the complaint is based.

• List of requested investigative actions.

• Petition for the admission of the complaint.

Additionally, the complaint must be accompanied by sufficient power of attorney. These requirements are outlined in Articles 270 and following of the Criminal Procedure Law (LECrim), under the title "Regarding criminal complaints."

Amendment of the Penal Code: Privacy and Cybercrime

Modification of Article 197 and Following of the Penal Code

The Penal Code, specifically Articles 197 and following, which deal with "Discovery and Disclosure of Secrets," were amended by Organic Law 1/2015 of March 30. This reform was enacted to address issues of lack of specificity in certain behaviors related to intrusion into privacy and to align the legislation with European standards.

Intrusion into Privacy

The reform provides a clear response to situations where images or recordings of another person are obtained in a personal setting with their consent but are later disseminated against their will, gravely infringing upon their privacy. This modification aims to protect individuals' privacy and adequately penalize the unauthorized dissemination of personal material.

Cybercrime

In accordance with Directive 2013/40/EU of August 12, 2013, on attacks against information systems and the interception of electronic data, several significant changes were made:

• Separation of Criminal Offenses: A clear distinction is introduced between the disclosure of data directly affecting personal privacy and access to other data or information that may impact privacy but is not directly related to personal privacy. For example, accessing a personal contact list versus obtaining data on software versions or port status. This differentiation allows for separate and appropriate criminalization of behaviors.

• Interception of Transmissions: Interception of transmissions between systems is criminalized when they are not personal communications, as interception of personal communications was already covered in the Penal Code. This includes automatic, non-personal transmissions between devices.

• Facilitation of Cybercrimes: The reform criminalizes the facilitation or production of computer programs or equipment specifically designed or adapted for the commission of cybercrimes, addressing a crucial aspect of cybercrime.

• Corporate Liability: Corporate entities are held liable for these crimes, aligning with the requirements of the Directive and strengthening the legal framework for combating cybercrime.

Conclusion

The filing of a criminal complaint and recent reforms in the Spanish Penal Code represent significant progress in protecting privacy and combating cybercrime. These amendments not only seek to ensure that crimes related to the disclosure of secrets and intrusion into privacy are adequately punished but also respond to new technological and regulatory realities, providing a robust and updated legal framework.