Computer crimes privacy lawyer
Recent news reports tell us of an investigation coordinated by the Rome Public Prosecutor's Office into the trafficking of telephone company customer data.
Among the other criminal offences contested, which would be the’ unauthorized access to a computer system, and the unlawful possession and dissemination of access codes There is also, apparently for the first time in Italy, Article 167-bis of the Privacy Code which has introduced a new type of crime: the unlawful communication and dissemination of personal data processed on a large scale.
This is a crime, introduced by Legislative Decree 101/2018, punishable by 1 to 6 years, when anyone communicates or disseminates an automated archive or a substantial part of it, for the purpose of gaining profit or causing harm.
This offence punishes the communication and dissemination of personal data processed on a large scale, for the purpose of profiting oneself or others or for the purpose of causing harm.
The communication or dissemination must concern an automated personal data archive or a substantial part thereof, containing personal data processed on a large scale.
The crime occurs only if the dissemination or communication of data occurs in violation of specific regulations, mostly applicable to entities that process data professionally or by law, and the provision appears to be specifically tailored to those who deal with electronic communications.
It will now be necessary to determine whether this provision can coexist during the ongoing investigation with the unauthorized access to a computer system provided for by Article 615-ter of the Criminal Code.
The compatibility between the old Article 167 bis of the Privacy Code and unauthorized access to a computer system has been the greatest obstacle in the past to the dissemination of criminal privacy laws.
Computer crimes privacy lawyer
English 
Italian 