Prison for locker room spy

The judge of Criminal Court No. 5 of Zaragoza has sentenced a man to one year in prison and to compensate two of the people recorded with a total of 1,250 euro, plus a fine of €2,880.

The man worked as a coach in a sports centre where he placed a bag with his belongings in the centre’s monitors’ and coaches’ locker room, into which he inserted an image recording camera. In her sentencing, the judge understands that the proven facts constitute a crime of discovery and disclosure of secrets, which the Penal Code includes within crimes against privacy and the right to one’s own image. For the magistrate, it has been fully proven that the place where the camera was placed was “a privacy space” that was used, as a locker room, to change clothes, “leaving its users, in this case the swimming instructors, naked.” to change clothes and put on swimsuits.” Therefore, she understands that the crime is considered completed.

Faced with the defence’s allegations that the defendant’s object was to record the person who carried out thefts that occurred in the locker room, the judge argues that the doctrine of the Supreme Court has considered that “the discovery of secrets or the violation of people’s privacy is not justified by the purpose of obtaining evidence or indications of the commission of a crime, and that the only exception to the invasion of others into those intimate and exclusive spaces of human beings is constituted by judicial authorisation”.

This sentence is not final and an appeal can be made against it before the Provincial Court of Zaragoza, which must be presented to the Criminal Court within 10 days.

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