Cassation and privacy: yes to the use of cell phone video.
The Supreme Court of Cassation has deemed it not an obstacle the discipline of privacy to the use in court of a video recorded with a cell phone.
And this is true even if the video in question was recorded clandestinely.
In a ruling issued in early May, the Supreme Court of Cassation held that the phonographic recording of a conversation, whether conducted between those present or through transmission devices, by a participant or otherwise authorized to witness it, does not fall within the definition of wiretapping, even if performed clandestinely. Instead, it constitutes a form of audio recording of a historical event, which the author may legitimately use, including for trial purposes, as evidence, pursuant to Article 234 of the Italian Code of Criminal Procedure. This is without prejudice to any prohibitions on disclosure of the content of the communication based on its specific purpose or the capacity of the participant, in non-recurring cases.
Cassation and privacy: yes to the use of cell phone video.
The Court specified that, as already stated in another ruling, a video made with a mobile phone is legitimately acquired and used for the purposes of asserting criminal liability, since art. 234 of the Italian Code of Criminal Procedure. which provides "”
1. The acquisition of writings or other documents representing facts, persons or things through photography, cinematography, phonography or any other means is permitted.
2. When the original of a document that needs to be used is destroyed, lost, or stolen for any reason and cannot be recovered, a copy may be acquired.
3. The acquisition of documents containing information on rumours current among the public regarding the facts at issue in the trial or on the general morality of the parties, witnesses, technical consultants and experts is prohibited., It allows the acquisition not only of writings but also of other documents representing facts, persons or things by means of photography, cinematography, phonography or any other means and, in this regard, it is completely irrelevant whether the recordings are made in accordance with to privacy regulation, which does not constitute a barrier to the exercise of criminal action
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