Analysis of Judgment No. 37395 of 2024: Relevance of GPS Localization in Preliminary Investigations
The judgment no. 37395 of September 18, 2024, represents an important reference for preliminary investigations in the criminal field, specifically regarding the use of localization through GPS systems. The case in question has sparked a heated debate on the compatibility between the use of localization technologies and the rights to privacy, in light of Italian and European regulations.
The Legal Context of GPS Localization
The Court of Cassation, in declaring the appeal inadmissible, stated that the localization of movements via GPS constitutes an atypical means of evidence gathering. This implies that such a method does not require the massive accumulation of sensitive data, making the results usable without the need for authorization from the judicial authority.
In this context, it is essential to emphasize that the ruling excludes the analogical application of "data retention" regulations, highlighting that the principles established by Directive 2002/58/EC and the ruling of the CJEU of April 5, 2022 (C. 140/2020) are not relevant in this specific case. The Court has therefore drawn a clear line between electronic tracking and the accumulation of personal data, emphasizing the need to ensure a balance between investigative needs and privacy protection.
The Practical Implications of the Ruling
The practical implications of the ruling are multiple and highly relevant for law enforcement and lawyers involved in preliminary investigation cases. Among the main considerations, we can identify:
- The possibility for law enforcement to use tracking technologies without prior authorization from a judge.
- The need to further clarify the limits and conditions of GPS localization use, to prevent abuses and ensure respect for privacy.
- The promotion of a constant dialogue between legislators and jurists to update regulations based on rapid technological developments.
Nature - Atypical means of evidence gathering - Analogical application of "data retention" regulations - Exclusion - Directive 2002/58/EC and CJEU ruling 04/05/2022, C. 140/2020 - Relevance - Exclusion. In the context of preliminary investigations, the localization of movements through GPS satellite detection systems (so-called electronic tracking) is an atypical means of evidence gathering, not involving a massive accumulation of sensitive data by the service provider, so that the related results are usable without the need for authorization from the judicial authority, with neither the regulations under Art. 132, paragraph 3, legislative decree June 30, 2003, no. 196 and subsequent amendments, regarding logs, nor the principles established by the CJEU ruling of 04/05/2022, C. 140/2020, regarding the compatibility of "data retention" with Directives 2002/58/EC and 2009/136/EC, on the processing of personal data and the protection of privacy in the communications sector, finding application by analogy.
Conclusions
The judgment no. 37395 of 2024 thus represents a significant step in clarifying the use of localization technologies in the context of preliminary investigations. It offers insights on how to balance security and justice needs with respect for individuals' fundamental rights. Jurisprudence continues to evolve and respond to the challenges posed by digitalization, and it is essential that legal practitioners remain informed and updated on such developments to ensure the proper application of the law.
