VA Code Computer Invasion of Privacy

According to modern legislation, computer crimes can be defined as “acts directed against confidentiality, integrity, and availability of computer systems, networks and computer data, as well as the abuse of said systems, networks and data.”

In simple words, Computer crimes are those illicit activities that:

They are committed through the use of computers, computer systems or other communication devices (computers are the means or instrument to carry out a crime).

They are intended to cause damage, cause losses or prevent the use of computer systems (computer crimes).

Computers crimes include computer frauds, trespassing, sending spams, invasion of someone’s privacy and harassment

Crime against the privacy of people on the Internet and Social Networks

Attempting against the privacy of people is a serious crime typified and included in the Criminal Code, however, we know when is a crime of these characteristics? Or what role do new technologies play?

Article 197 of the Penal Code specifies the situations that are considered a crime in this case. Specifically, it states that discover the secrets or violate the privacy of another, without their consent, either through the appropriation of papers, letters, emails or other documents or personal effects, or through the interception of their telecommunications or of different technical means of listening, transmission, recording or reproduction of sound or image, or any other signal of communication, can be punished with imprisonment (between one and four years) or fines (from 12 to 24 months) ).

At the same time, the same penalties for that individual without prior authorization seizes or modified, to the detriment of a third party data personal or family that are registered in files or supports are contemplated computer, electronic or telematics, or any other type of file or public or private registry.

The law protects, therefore, those affected by a crime against privacy. The problem is that in addition to the fact that, in general, there is great ignorance of this legislation, nowadays new technologies are causing this type of crime to occur more frequently. As a result, there are more and more cases of crimes against privacy, but the victims, many times out of ignorance, do not go to court. One of the most popular cases is the broadcast of the video of the exconcejala of the Socialist Party, Olvido Hormigos. The erotic content of the recording and the fact that it was carried out by a person linked to politics gave it more relevance, but there have been more cases of this type of fraudulent practices.

The penalty for invasion of someone’s privacy through the computer:

The crime of discovery and disclosure of secrets through the seizure and dissemination of reserved data recorded in computer files or media.

If a first-time wrongdoer and didn’t sell or spread the information then it’s a class 1 misdemeanor otherwise a class 6 felony.


Social networks and the Internet used improperly are another way of attacking the privacy of people, especially the youngest ones who, in the face of this type of acts, are usually more vulnerable, Therefore, experts advise, first of all, think twice before recording videos or take photographs committed and share them according to who and on social networks. In the latter, these types of files can be made public in a matter of minutes, which is why prudence and common sense are advised.