Why this happens

Post breakup distribution typically occurs within the first 90 days after the relationship ends. The distribution is rarely random and often involves coordinated posting across multiple platforms.

Many ex partners attach identifying information including the victim's name, employer, school, or contact details. This identifying context creates additional civil claims beyond the NCII statutes.

Legal framework in Spain

Código Penal artículo 197.7 (descubrimiento y revelación de secretos en relación con imágenes íntimas). From 3 months to 1 year imprisonment or fine of 6 to 12 months.

Spain's article 197.7 criminalises distribution of intimate images obtained with consent but disseminated without it, recognising the consent gap that defines NCII. The AEPD Canal Prioritario provides a 24 hour precautionary route that operates faster than criminal proceedings.

Evidence to preserve

Do not: Do not communicate with the ex partner during the active distribution period. Communications can be edited and selectively shared to suggest reconciliation or consent. All communication should be through counsel.

Five step removal process

  1. 1

    Preserve all evidence first

    Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution.

  2. 2

    File the Article 197.7 Código Penal criminal complaint

    Report to local police or the national cybercrime unit. Canal Prioritario AEPD can assist.

  3. 3

    Submit an erasure request under GDPR Article 17 (right to erasure) plus LOPDGDD

    Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. AEPD accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every additional copy

    Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.

  5. 5

    File TAKE IT DOWN Act notices for covered platforms

    Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.

Statutory citations to include in your complaint

Frequently asked questions

Is revenge after breakup a crime in Spain?

Yes. Código Penal artículo 197.7 (descubrimiento y revelación de secretos en relación con imágenes íntimas) criminalises this conduct. From 3 months to 1 year imprisonment or fine of 6 to 12 months.

What evidence should a Spain victim of revenge after breakup preserve?

Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution. The dates of the breakup and the first appearance of the content online. Any witnesses to the relationship who can attest to the original consent context for the images.

Does GDPR Article 17 (right to erasure) apply to this scenario?

Yes. GDPR Article 17 (right to erasure) plus LOPDGDD gives the victim a direct erasure right against any platform processing the imagery. AEPD enforces non compliance.

What support is available in Spain for revenge after breakup?

Canal Prioritario AEPD provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.aepd.es/canalprioritario.

Can a Spain victim also file a US TAKE IT DOWN Act notice?

Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Article 197.7 Código Penal and GDPR Article 17 (right to erasure) plus LOPDGDD.

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