Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
There is not any agreement between Italy and service providers offering a service in the national territory.
Under Article 96 of Legislative Decree no. 259 of 1 August 2003 (Code of electronic communications), Italian telecommunications companies shall have an obligation to provide the Judicial Authority with the so-called mandatory services (requests for interception and information on the data concerning a telecommunications service)
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
Public Prosecutor
Basis in law
Article 132 of the Code on the protection of personal data (including time limits for data retention)
If different for subscriber information
In the Italian system there is no difference between subscriber data and traffic data. However, some providers hold that they may provide subscriber data (rather than traffic data) even upon request by the Judicial Police that shall be formalised in some way
If different for traffic data
Form
The Public Prosecutor shall issue a reasoned decree that shall be notified to providers in different ways.
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Public Prosecutor
Basis in law
- Article 244 (inspections permitting the preservation of data), 247 (searches permitting also the preservation of data) and 248 (production orders) – pursuant to Article 16 of the Budapest Convention
- Article 132 of the Code on the protection of personal data – pursuant to Article 17 of the Budapest Convention
If different for subscriber information
No difference
If different for traffic data
No difference
Form
The Public Prosecutor shall issue a reasoned decree that shall be notified to those possessing the data and to providers in different ways.
Emergency situations
Definition of emergency situation
No provision has been made in the legislation.
Obligation to cooperate
The obligation to cooperate under Article 96 of Legislative Decree no. 259 of 1 August 2003 has a general scope (thus also including emergency situations)
Confidentiality obligation
Obligation of secrecy
There is an obligation of secrecy of investigation foreseen in the law
Non respect of the obligation of secrecy
From a criminal-law perspective a conduct amounting to non-compliance with the secrecy of investigations shall be punishable under Article 326 of the Criminal Code (disclosure of official secrets). The Code on the Protection of Personal Data stipulates that in case of non-compliance by communications providers an administrative sanction shall also be imposed under Article 162
Exception
There are no exceptions
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
See Article 132 of the Code on the Protection of Personal Data
Sources and links
Italian Personal Data Protection Code – Legislative Decree no.196 of 30 June 2003,
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.