Privacy Violations in a Couple

Discovering you've been spied on by your spouse is a deeply damaging experience that erodes trust and violates a personal space that should remain inviolable, even within marriage. Installing spyware on a mobile phone, using GPS trackers, or recording private conversations are not mere acts of jealousy, but actual offenses that can have civil and criminal consequences. As an expert lawyer for damages compensation in Milan, Avv. Marco Bianucci understands the sensitivity of these situations and offers legal assistance aimed at protecting your rights and obtaining fair compensation for the harm suffered.

The Legal Framework: When Curiosity Becomes Illicit

Marriage, while a union of material and spiritual life, does not negate each individual's fundamental right to privacy. Italian jurisprudence is very clear on this point: every person has a right to their own private sphere, protected from illicit interference. Actions such as unauthorized access to computer systems (like emails or social networks), installing spyware, or recording conversations in which one does not participate can constitute various criminal offenses, including unlawful interference in private life (Art. 615-bis of the Italian Penal Code) and unauthorized access to a computer or telematic system (Art. 615-ter of the Italian Penal Code).

Beyond criminal relevance, these behaviors constitute a serious civil offense. The violation of the right to privacy indeed generates non-pecuniary damage, which must be compensated. This damage includes both inner suffering (moral damage) and a negative alteration of one's life habits (existential damage) resulting from the awareness of having been controlled and spied upon. It is crucial to understand that evidence obtained illicitly, besides being a source of liability, is generally inadmissible in any separation or divorce proceedings.

The Bianucci Law Firm's Approach to Privacy Protection

Addressing privacy violations within a family context requires a legal strategy that combines expertise in civil, criminal, and family law. The approach of Avv. Marco Bianucci, an expert lawyer for damages compensation in Milan, is based on a meticulous analysis of the case to define the most effective strategy. The first step involves gathering evidence of the violation suffered, utilizing, if necessary, IT technical consultants to certify the presence of spyware or other illicit control tools.

Once the harmful conduct is ascertained, the Bianucci Law Firm acts on two parallel fronts. On one hand, legal action is initiated to obtain compensation for all damages suffered, quantifying the prejudice to your peace of mind and personal freedom. On the other hand, in separation or divorce proceedings, action is taken to have the evidence illegally acquired by the spouse declared inadmissible, preventing it from negatively influencing the outcome of the judgment, for example, regarding the attribution of separation fault or child custody.

Frequently Asked Questions

Is spying on my husband's or wife's phone a crime?

Yes, installing spyware or accessing your spouse's phone, email, or social media profiles without authorization can constitute various criminal offenses, such as unauthorized access to a computer system and violation of correspondence. Such conduct is illicit and can lead to a criminal conviction, in addition to the obligation to compensate for damages.

Can I use the evidence I collected by spying on my spouse in a divorce case?

No, evidence obtained through illicit activities (such as secret recordings or access to private emails) is, in the vast majority of cases, inadmissible in civil proceedings, including separation or divorce cases. Furthermore, presenting such evidence in court can expose you to a counter-claim for damages and criminal consequences.

How much is the compensation for privacy violations between spouses?

There is no fixed amount. The quantification of non-pecuniary damage is determined by the judge on a case-by-case basis, taking into account various factors: the severity of the violation, its duration, the psychological consequences on the victim, and the intensity of the intent of the spouse who acted illicitly. The goal is to provide fair compensation for the suffering endured.

How can I prove that my spouse has been spying on me?

Proving the violation can be complex but not impossible. It is essential to act promptly and consult a lawyer who can coordinate the intervention of a forensic IT expert. This specialized technician can analyze devices (smartphones, computers, cars) to find traces of spyware, GPS trackers, or other forms of surveillance, preparing a technical report that will have evidentiary value in court.

Contact the Firm for a Case Evaluation

If you suspect or are certain that your privacy has been violated by your spouse, it is essential to act with clarity and rely on a professional. Avv. Marco Bianucci offers legal advice in Milan to analyze your situation, evaluate possible legal actions, and define the best course of action to protect your rights and dignity. Prompt intervention is crucial to stop the illicit conduct and initiate proceedings for fair compensation. Contact the Bianucci Law Firm, located at via Alberto da Giussano 26, to schedule an appointment and discuss your case with the utmost confidentiality.