A private video call was screen recorded and posted in Spain
Intimate content from a video call you believed was private has been screen recorded and distributed online. The recording itself is illegal in many jurisdictions in addition to the distribution being NCII.
ES
jurisdiction
Article
primary statute
48 hr
TAKE IT DOWN Act window
Regulator power
enforcement route
Tl;dr
In Spain, this conduct is prosecuted under Article 197.7 Código Penal. The civil erasure route runs through GDPR Article 17 (right to erasure) plus LOPDGDD and AEPD. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Most video calling apps do not notify participants when the other party screen records. FaceTime, Zoom, Google Meet, and Snapchat all permit silent recording.
Screen recording of intimate calls is frequently used as a control tactic by partners or as a prelude to sextortion. The recording itself may have occurred months before the distribution.
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
- The full call history showing the date, time, and other participant of every relevant call
- Full page screenshot of every URL where the recording appears
- Any messages from the other participant before, during, or after the call
- The application used for the call, which determines what server side records may be available
Do not: Do not delete the call history or block the perpetrator's number before evidence is preserved. The call records establish the underlying recording event.
Five step removal process
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1
Preserve all evidence first
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears.
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2
File the Article 197.7 Código Penal criminal complaint
Report to local police or the national cybercrime unit. Canal Prioritario AEPD can assist.
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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.
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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.
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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
- Código Penal artículo 197.7 (descubrimiento y revelación de secretos en relación con imágenes íntimas)
- GDPR Article 17 (right to erasure) plus LOPDGDD
- US TAKE IT DOWN Act for any covered platform
- State recording consent statutes which require all party consent in 12 states
- State NCII statutes covering the distribution of recorded intimate content
Frequently asked questions
Is screen recorded call 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 screen recorded call preserve?
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears. Any messages from the other participant before, during, or after the call. The application used for the call, which determines what server side records may be available.
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 screen recorded call?
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.
Remove every copy now
One scan. Coordinated removal under Article 197.7 Código Penal, GDPR Article 17 (right to erasure) plus LOPDGDD, and the TAKE IT DOWN Act.
Start a private scan