Illegal interception of communications and spying in Mexico

If you suspect someone is listening to your calls, reading your messages or going through your email without your consent, Mexican law protects you. Castro Defense helps individuals and companies across Mexico, including foreign residents and businesses, in cases of illegal interception of private communications, commonly called spying. We work on two fronts: legal action, from the criminal complaint to protecting your rights, and technical analysis of your devices with chain of custody. The whole process with us is online and follows Mexican law.

Is an authority searching your premises or intercepting your communications? That is urgent. Message us on WhatsApp or call +52 442 191 9461: we reply within 1 to 4 hours, every day from 6:00 am to midnight (Mexico central time).

What does Mexican law say about intercepting communications?

• Private communications are inviolable. The Constitution requires criminal penalties for any act against their freedom and privacy (art. 16). The Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión) restates this rule (art. 183).
• Only a federal judge can authorize an interception. The request must come from the federal authority empowered by law or from the head of a state public prosecutor’s office. It cannot be authorized in electoral, tax, commercial, civil, labor or administrative matters, or for communications between a detainee and defense counsel (Constitution, art. 16).
• Criminal investigations require judicial control. Intercepting private communications and correspondence requires prior authorization from the supervising judge (National Code of Criminal Procedure, CNPP, art. 252). It covers calls, messages, audio, video, files and the data that identify a communication (art. 291).
• Without authorization, it is not evidence. Results of interceptions that do not meet the legal requirements have no evidentiary value (Constitution, art. 16). Any evidence obtained in violation of fundamental rights is grounds for exclusion (CNPP, art. 264).
• It is a crime. Intercepting private communications without a court order is punishable by six to twelve years in prison (Federal Criminal Code, art. 177), as is revealing, disclosing or misusing what was obtained (art. 211 Bis). Viewing or copying, without authorization, information held in computer systems or equipment protected by a security mechanism is also a crime (art. 211 bis 1).

Which signs justify a review?

No single sign proves an interception. A review makes sense when, for example:

• Other people know what you said in private conversations or messages.
• Your email, messaging apps or social media show sessions or devices you do not recognize.
• Apps, profiles or settings you did not install appear on your phone.
• Someone has had physical access to your device or knows your passwords.
• Information that only circulated by email or internal messaging is leaking from your company.

Only a forensic analysis can confirm or rule out the suspicion and, if there are traces, document them as evidence.

What to do first

1. Do not reset or wipe the device, and do not delete apps, messages or files: you could destroy the evidence.
2. Stop using the device for sensitive matters and, if possible, do not take it in for repair.
3. Write down the facts: when you first noticed something wrong, what information leaked and who has had access to the device.
4. Use a different, trusted device to change the passwords of your main accounts, turn on two-step verification and contact us.

How we help

Legal action

• Criminal complaint. We prepare the complaint (denuncia or querella) to the public prosecutor (Ministerio Público) with the facts and the evidence available.
• Legal counsel for the victim. As a victim, you may take part in the whole proceeding through your legal advisor, submit evidence, request protective measures and demand compensation for the harm (CNPP, art. 109).
• Excluding unlawful evidence. If an authority intercepted your communications without judicial authorization or beyond its limits, you can ask for that evidence to be excluded (CNPP, art. 264).
• Companies. If the leak affects your business, we coordinate the legal action with the technical investigation of the incident.

Technical analysis

• Forensic analysis of devices and accounts. We examine phones, computers and email or messaging accounts for traces of access or interception through our digital forensics service.
• Chain of custody. Who handled each item of evidence, when and under what conditions is recorded (CNPP, art. 227), so the evidence holds up before the authority.
• Incident containment. If the problem lies in your company’s network or systems, our cybersecurity service helps contain it without losing the evidence.

Fees

These matters do not usually bring a direct financial benefit, so fees are agreed case by case, usually as a periodic payment plus a final payment. If the matter includes a claim for money, such as compensation for the harm, our no-upfront-fee model may apply. Depending on the case and the client’s circumstances, we may provide our services pro bono. The terms are set out in writing in the contract you review before signing. We do not promise results.

How does it work online?

1. Case evaluation form. Tell us what happened, since when, and which devices or accounts you think are compromised. Send it from a trusted device.
2. Review. A lawyer reviews your case and tells you which route fits and what evidence to preserve. Response time: 48 calendar hours, or 1 to 4 hours in urgent matters.
3. Contract and power of attorney as a PDF. You sign with your e.firma (the advanced electronic signature issued by Mexico’s tax authority, SAT) or another electronic signature. If any step requires a handwritten signature or your presence, we will tell you in advance.
4. Case updates. We report each step of the investigation and the analysis. Channel: channel and frequency of updates.

How to know you are dealing with real lawyers

Attorneys who handle these matters: names and cédula profesional numbers. In criminal matters, a victim’s legal advisor must be a law graduate or licensed attorney with a cédula profesional (CNPP, art. 110). Verify any professional license in the National Registry of Professionals of Mexico’s Ministry of Public Education. Your data is handled under our privacy notice. See the other areas of our legal defense practice.

Tell us about your case

Fill in the form from a device you do not think is compromised. Do not attach evidence yet: we will tell you how to deliver it securely.

This content is for information only and is not legal advice for a specific case. The outcome of any proceeding depends on the facts, the evidence and the authority’s decision; Castro Defense does not guarantee results.

Official sources

• Political Constitution of the United Mexican States, art. 16. Chamber of Deputies (Spanish).
• National Code of Criminal Procedure (CNPP), arts. 109, 110, 227, 252, 264, 276 and 291. Chamber of Deputies (Spanish).
• Federal Criminal Code (Código Penal Federal), arts. 177, 211 Bis and 211 bis 1. Chamber of Deputies (Spanish).
• Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión), art. 183. Chamber of Deputies, DOF July 16, 2025 (Spanish).

Frequently asked questions

Is it a crime in Mexico to intercept someone's phone or calls?

Yes. Private communications are inviolable under Mexico's Constitution (art. 16). The Federal Criminal Code punishes anyone who intercepts private communications without an order from a competent judicial authority with six to twelve years in prison (art. 177), and applies the same penalty to anyone who reveals, discloses or misuses the information obtained (art. 211 Bis).

Can Mexican authorities intercept my communications without a court order?

No. Only a federal judge can authorize the interception of a private communication, at the request of the federal authority empowered by law or the head of a state public prosecutor's office (Constitution, art. 16). In a criminal investigation, prior authorization from the supervising judge (*juez de control*) is required (National Code of Criminal Procedure, art. 252). Results of an interception that does not meet the legal requirements have no evidentiary value.

What should I do if I think my phone is being intercepted?

Do not reset it or delete apps, messages or files, as that could destroy the evidence. Stop using it for sensitive matters, write down when you first noticed something wrong and who has had access to the device, and contact us from a different device. A forensic analysis with chain of custody can confirm or rule out the suspicion.

Can I use a conversation I recorded myself as evidence?

As a rule, yes, if you took part in it. The Constitution makes an exception for communications voluntarily provided by one of the participants (art. 16), and the National Code of Criminal Procedure allows them to be submitted when one of the participants obtained them directly and they are closely linked to the offense under investigation (art. 276). Recording conversations you are not part of is a different matter and may be a crime.

How much do you charge for these cases?

These matters do not usually bring a direct financial benefit, so fees are agreed case by case, usually as a periodic payment plus a final payment. If the matter includes a claim for money, our no-upfront-fee model may apply. The terms are set out in writing in the contract before work begins.