Easier data acquisition to search for missing persons

Unanimous approval in the Chamber for the bill, which now passes to the Senate, introducing an exception to the Privacy Code to allow the use of phone traffic with the aim of facilitating the search for missing persons. Apart from the cases of data acquisition in the context of criminal proceedings, which are already regulated in the context of the frequently amended (also for the need to comply with EU regulations) discipline of data retention, data relating to telephone traffic, telematic traffic and unanswered calls may, the bill states, be acquired if deemed necessary for the protection of the life and physical integrity of the person concerned.

Compared to the version approved by the Justice Commission, the procedure for access to data has been redesigned with an amendment approved in the Chamber, which allowed the entire opposition to vote in favour of the text.

In the event of particular reasons of necessity and urgency, due to a possible danger to the life or integrity of the person concerned, the public prosecutor orders the acquisition of the data by means of a reasoned decree transmitted immediately and in any case no later than 48 hours to the gip. The latter is called upon to validate within the following 48 hours. In the same cases of urgency, the Quaestors, the provincial commanders of the Carabinieri, the Guardia di Finanza and the Fire Brigade may also intervene, with a report transmitted to the Public Prosecutor within the following 24 hours and validation within 48 hours by the gip.

Access allowed to the data processing centre archives - established since 1981 - also to the staff of the local police corps and services (by way of derogation from the general provisions, which restrict access to judicial police officers belonging to the police forces, public security officers and officials of the security services as well as to duly authorised police officers of the police forces).

The database, which was established at the Ministry of the Interior, concerns the classification, analysis and evaluation of information that must also be provided by the police forces on the protection of public order, public safety and crime prevention and repression. The information must refer to information contained in documents kept by the public administration or in orders of the judicial authorities.