The ruling no. 20337 of 2024: The confidentiality of personal data in criminal investigations

The recent ruling no. 20337 of July 23, 2024, issued by the Court of Cassation, provides important clarifications regarding the dissemination of personal data of individuals subjected to investigations. This ruling addresses the delicate issue of balancing the right to privacy with the right to information, establishing clear criteria for the legality of disseminating sensitive information.

The legal context of the ruling

In the case at hand, the Court examined the legitimacy of disseminating personal data of an individual involved in criminal investigations. According to the principle established by the ruling, disclosure is permitted for journalistic purposes, even without the consent of the interested party, provided that the information is essential with respect to matters of public interest. This essentiality is a key criterion, left to the assessment of the judging authority.

In general, the dissemination of personal data of a person under investigation is permitted for journalistic purposes, even without the consent of the interested party, in compliance with the ethical code referred to in Article 139 of Legislative Decree No. 196 of 2003 and pursuant to Article 137 of the aforementioned decree, that is, only if it is essential regarding matters of public interest, a requirement subject to case-by-case assessment and evaluation by the judging authority, which is obliged to provide detailed reasons for considering it fulfilled, with Article 329 of the Code of Criminal Procedure not relevant, as it serves the different purpose of protecting the secrecy of preliminary investigations in criminal proceedings.

The conditions for the dissemination of personal data

The Court emphasized that the assessment of essentiality must occur on a case-by-case basis. In particular, the judges of merit are required to analytically motivate the reasons why they believe that the dissemination of data is justified. This aspect is crucial, as it implies a rigorous interpretation of the specific circumstances of each case. Below are the main conditions for the legality of disseminating personal data:

  • The purpose must be journalistic.
  • There must be a concrete public interest.
  • The judge must justify the essentiality of the news.

Conclusions

The ruling no. 20337 of 2024 represents an important step forward in defining the limits and conditions for the dissemination of personal data of individuals involved in investigations. It reaffirms the need for a careful balance between the right to privacy and the right to information, requiring a rigorous assessment by the judges. This approach not only protects individual rights but also ensures that information of public interest is handled responsibly, in accordance with current regulations.

Bianucci Law Firm