Disclosure of official secrets: comment on Judgment no. 3755 of 2024

The recent Judgment no. 3755 of 2024 by the Court of Cassation offers an important point of reflection on the responsibilities connected to the disclosure of official secrets, particularly regarding the role of "extraneus" (outsiders) and their subsequent conduct. This case involves the defendant D. P., and follows a series of judicial pronouncements that have defined the boundary between unlawful acts and permissible conduct within the context of public administration.

The meaning of the judgment

The Court has established that a public official or a person in charge of a public service, after having participated, as an "extraneus", in the disclosure of information covered by secrecy, can be held responsible for the independent dissemination of such information, provided that the information was meant to remain secret and that the agent had a duty to prevent its further spread.

Disclosure of confidential information by an "intraneus" (insider) induced by an "extraneus" - Independent and subsequent disclosure by the "extraneus" - Concurrence of offenses - Configurability - Conditions. The conduct of a public official or a person in charge of a public service who, after having participated, as an "extraneus", in the disclosure by others of information covered by secrecy, independently and subsequently disseminates the content of such disclosures, constitutes the crime of disclosure of official secrets, provided that the information was meant to remain secret and that the agent, due to the functions exercised, had a duty to prevent its further spread.

The role of the "extraneus" in the disclosure of secrets

The figure of the "extraneus" is crucial in the context of this judgment. These are individuals who, despite not having direct access to the secret, can influence its disclosure. The Court has clarified that responsibility is not limited to the moment of the first disclosure but also extends to those who, subsequently, decide to make confidential information public.

• Responsibility of the public official
• Independent and subsequent conduct of the "extraneus"
• Duty to maintain secrecy

Conclusions

Judgment no. 3755 of 2024 represents a further step in defining responsibilities related to the disclosure of official secrets. Jurisprudence is moving towards greater attention to the dynamics of collaboration between individuals internal and external to public administration, highlighting the importance of respecting official secrecy. It is essential for public officials to be fully aware of the legal consequences of their actions, especially in a context where confidential information can have a significant impact on the community.