ICAM to Sue Over Confidentiality Breach

Following the ICAM‘s filing of a complaint on March 20th against the Public Prosecutor’s Office for an official press release disclosing specific communications from a lawyer in the context of an ongoing settlement process, the College announces its intention to file a lawsuit in the coming days against an unknown party involved in the incident, without prejudice to further considerations regarding jurisdiction based on the person (potential immunity.

The events of March 14th, according to the ICAM, “indicate prima facie elements of a crime of disclosure of secrets as provided for in article 417.2 of the Penal Code, which penalizes the breach by a public authority or official – in this case, the representative of the Public Prosecutor’s Office – of the duty of secrecy and discretion imposed by the Organic Statute of the Public Prosecutor’s Office.”

In this regard, concerning the alleged offense’s authorship, the ICAM noted in its complaint that “the Public Prosecutor’s Office ‘exercises its functions through its own bodies’ (article 124.2 CE and 2.1 EOMF). Since such a note emanates from the Provincial Prosecutor’s Office of Madrid, ‘the subjective investigation of its direct or indirect authorship shall be pursued.'”