Violation of privacy: Unauthorized access and denial of access to those entitled to it

In European legal systems, the unauthorized access, acquisition, or dissemination of personal data may constitute a criminal offense.

Privacy protection is not just about confidentiality; it is also about control over information concerning the individual.

The protected legal interest is the integrity of the private sphere and the right to informational self-determination.

In essence, the conduct may consist of:

• unauthorized access to data or systems, or the unjustified restriction or denial of access to those who are entitled to it;
• the unlawful acquisition of personal information;
• the unauthorized dissemination or disclosure of confidential data;
• the use of information obtained without consent or a legal basis.

There does not need to be immediate harm.
What matters is the unlawful interference with an individual’s private sphere.

From collection to use

A violation of privacy does not end with access.

The information obtained may be:

• used to exert pressure;
• disseminated to damage reputation;
• used in connection with other actions, including those of a financial or legal nature.

Once personal data is taken out of an individual’s control, it can be used as a tool.

Unauthorized recording and storage

Violation of privacy can also involve the recording and storage of images or videos without the consent of the person concerned.

In non-public settings, recording a person without their consent may constitute a violation of privacy.

The problem is not limited to the recording itself.

Retaining the material against the person’s wishes and refusing to delete it constitute elements of an offense.
When the content is used or retained for further purposes, additional offenses may be constituted.

In these cases, the recorded content is not only personal data but can also become a means of exerting pressure.

The mere existence of the material, if retained and beyond the control of the data subject, may affect their freedom to act, express themselves, or defend themselves.

When content is used, even implicitly, to influence behavior or restrict an individual’s freedom, the conduct may also be relevant in relation to offenses such as coercion or blackmail.

From incident to system

In isolation, a violation of privacy may appear to be improper access or misuse.

In a coordinated context, it can become part of a broader scheme.

It can contribute to:

• building detailed information profiles;
• anticipating an individual’s behavior;
• identifying vulnerabilities;
• supporting other actions through confidential information.

In these cases, information is not an ancillary element, but a resource.

The role of digital systems

In today’s world, the digital dimension amplifies this phenomenon.

Stored data, electronic communications, and information systems are tools through which unlawful access can occur on a widespread and persistent basis.

The ability to replicate and store information increases the impact of such conduct.

Connection to other offenses

Violation of privacy can be linked to other criminal activities:

• defamation, when data is disseminated to damage a person’s reputation;
• blackmail, when information is used to exert pressure;
• fraud, when data is used to gain an advantage;
• criminal association, when the acquisition or use of data is carried out in a coordinated manner by multiple parties.

These connections do not alter the autonomous nature of the offense, but rather highlight its potential integration into more complex dynamics.

In European legal systems, a violation of privacy is recognized as conduct that affects an individual’s control over their own information.

When part of a coordinated effort, it can serve an additional purpose: not only to access data, but to use it to influence, disclose, or manipulate the individual.