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The Penal Code of Andorra of 21 February 2005, in Title X, Articles 182 to 196


Title X. Offences against privacy and the inviolability of the home

Chapter one. Discovery and disclosure of secrets

Article 182 Discovery of documentary secrets
Anyone who, in order to intrude into the privacy of another without their consent, takes possession
of papers, letters or any other documents or personal effects shall be punished with a prison
sentence of three months to three years.
The attempt is punishable.

Article 183 Illegal listening and similar conduct
Anyone who, in order to intrude into the privacy of another without their consent, intercepts their
telecommunications or uses technical devices for listening, electronic enquiry, transmission,
recording or reproduction of sound or image, or any other communication signal, shall be
punished with a prison sentence of one to four years. The attempt is punishable.

Article 184 Illegal obtaining or use of computerised personal data
Anyone who, without authorisation and in prejudice of a third party, perpetrates any of the
following actions, shall be punished with a prison sentence of two to five years:
a) Electronic creation or use of clandestine files of computerised personal data, in infringement of
what is set out in the legal rules of personal data protection.
b) Collection of personal data for the purpose of electronic computing or to computerise them in
contravention of the legal rules of personal data protection.
c) Modification, change or crossing of computerised personal data, contravening the legal rules of
personal data protection.
The attempt is punishable.

Article 185 Classification for disclosure
1. A penalty of four years of prison shall be imposed if the data or facts discovered, as referred to in
Article 182, should be disclosed to third parties.
2. A penalty of two to five years of prison shall be imposed if the data or facts discovered or pictures
taken, as referred to in Article 183, should be disclosed or assigned to third parties.
3. A penalty of three to six years of prison shall be imposed if the computerised personal data
referred to in Article 184 should be disclosed, assigned or transmitted to third parties.

Article 186 Specially protected data
When the facts described in Articles 184 and 185(3) affect personal data referring to ideology,
religion, health, social origin, sexual orientation or behaviour, the penalties provided shall be
imposed in their more severe half.

Article 187 Classification for organisation
If the facts described in this chapter are carried out for profitable ends by an organised group, the
penalties provided shall be imposed in their more severe half.

Article 188 Offence of disclosure
Anyone who, with knowledge illegally gained, and without having taken part in the conduct
described in Articles 182, 183 and 184, discloses to third parties the data or facts discovered, the
pictures taken or the personal data, shall be punished with a prison sentence of three months to three
years.

Article 189 Classification for an official or authority
The authority or official who, outside the cases permitted by the law, without having an initially
legal reason referring to the prosecution of a crime, and taking advantage of his position, carries out
any of the conduct described in the above articles of this chapter, shall be punished with the penalties
provided respectively in these same articles in their more severe half and, further, with the penalty of
disqualification from holding public office for up to six years if the maximum limit of the penalty
does not exceed three years in prison and up to nine years if it is longer.

Article 190 Violation of secrecy in the working ambit
Anyone who discloses secrets other than those of a personal nature, of which he has knowledge by
reason of his job or employment relationship, shall be punished with a prison sentence of three
months to three years.
This article does not include private information supplied for purposes of guarantee by the
administrators of one bank to any other banking entity in the Principality, relating strictly to loans
agreed or risks accepted by the former for any of its customers.

Article 191 Violation of professional secrets
The professional who, through non-compliance with the obligation of secrecy or reticence, discloses
another person’s secrets, shall be punished with a prison sentence of three months to three years and
disqualification for the exercise of the office or post for up to six years.

Article 192 Continuation of the obligation of secrecy
The violation of secrecy typified in Articles 190 and 191 continues to be punishable in spite of the
fact that the person has ceased to exercise the profession or trade, or that the contractual relationship
has terminated.

Article 193 Regime of prosecution
1. To proceed against the offences described in this chapter an accusation must be made by the
person offended, a legal representative or the person in charge of the personal data files.
When the offended person is under age, incapacitated or disabled, the Public Prosecutor’s Office
can also make the complaint, duly weighing up the interests present.
2. The accusation required in the above section is not required to proceed against the facts
described in Articles 185 and 189, nor when the offence affects a number of people.