Woman Sentenced for Sharing a Private Conversation Between Her Husband and Children in a Parents’ WhatsApp Group

The Spanish Supreme Court has sentenced a woman to two years and six months in prison for the crime of unlawfully discovering and revealing secrets. She recorded a phone conversation between her husband—during their separation process—and their two minor children, without the consent of any participant, and later forwarded the audio to a parents’ WhatsApp group from the children’s school.

The ruling upholds the father's appeal and increases the initial one-year prison sentence imposed by the Provincial Court of Cuenca. The court also maintains a €1,800 fine and €500 in compensation for violating the right to privacy and the confidentiality of communications.

According to the Supreme Court:

• The minors were also considered victims, as their fundamental rights were equally violated.

• The lack of a formal complaint on behalf of the children does not prevent the conviction, since the father was legally entitled to represent them.

• Deleting the recording afterward does not negate the fact that the unlawful disclosure was already completed.

• The amount of compensation is not excessive, as the disclosure was isolated and did not meet the conditions for an aggravated offence.