Italy: Implemented decree law on data acquisition related to telephone and electronic traffic for criminal investigation purposes

On 23 November 2021, the decree-law for the reform of the discipline of the acquisition of data relating to telephone and electronic traffic for criminal investigation purposes was implemented, following the favourable opinion by the Italian Guarantor for the protection of personal data. The purpose of the decree-law is to guarantee "the possibility of acquiring data relating to telephone and electronic traffic for criminal investigation purposes in compliance with the principles set out by the Grand Section of the Court of Justice of the Union European Union in the judgment of 2 March 2021, case C-746/18, and in particular to limit the acquisition activities to criminal proceedings concerning serious forms of crime and to ensure that these activities are subject to the control of a judicial authority ". The reform aims to adapt the regulation of the acquisition of traffic data to the principles sanctioned by the aforementioned judgment of the Court and to limit the possibility of acquiring data from criminal proceedings, as well as to attribute the authorisation competence to the judicial authority.