Archived investigations remain in the EDC for 20 years
There is no breach of personal data processing rules even if the report is not followed by legal proceedings
A crime report, even if filed, remains in the Data Processing Centre of the Ministry of the Interior for up to twenty years.
The Court of Cassation thus declared inadmissible the appeal by which the reported person requested the deletion of a crime report -without judicial follow-up - from the Ced of the Viminale. The report, sent to the public prosecutor's office and then archived, had been stored for 15 yearsin the central database, used by the police to collect, process and manage information on security, crime, vehicles and drivers, thus enabling real-time checkson persons stoppedduring road and police checks. In the appellant's view, the time limit for keeping a record of a fact that led to his name being entered in the records of the Public Prosecutor's Office and the CED had expired.
The Supreme Court made it clear, however, that the deadline was set at twenty years and not fifteen.
Power of Attorney Registration
For the judges of merit - with whom the Supreme Court agreed - it was decisive that the contested annotation concerned a crime report actually sent to the Public Prosecutor's Office, which then ended up in nothing.
A report that had led, according to the procedural rules, to the registration of criminal proceedings, which ended without a trial, but which nevertheless entailed the registration of the crime report in the register by the Public Prosecutor's Office, as provided for in Article 335 of the Code of Criminal Procedure and the opening of a preliminary investigation. Circumstance diriment for the decision of the appeal.
