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

The recent order no. 20337 of July 23, 2024, issued by the Court of Cassation, offers important clarifications on the dissemination of personal data of individuals under investigation. This ruling addresses the delicate issue of balancing the right to privacy with the right to report news, establishing clear criteria for the lawfulness of disseminating sensitive information.

The legal context of the judgment

In the case at hand, the Court examined the lawfulness of disseminating the personal data of an individual involved in criminal investigations. According to the principle established by the judgment, disclosure is permitted for journalistic purposes, even without the consent of the data subject, 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 trial judge.

In general. The disclosure of personal data of a person under investigation is permitted for journalistic purposes, even without the consent of the data subject, in compliance with the code of ethics referred to by art. 139 of Legislative Decree no. 196 of 2003 and pursuant to art. 137 of the aforementioned Legislative Decree, i.e., only if it is essential with respect to matters of public interest, a requirement subject to the ascertainment and assessment, on a case-by-case basis, by the trial judge, who must analytically indicate the reasons for which they deem it to be met, with art. 329 of the Code of Criminal Procedure, having the different purpose of protecting the secrecy of preliminary investigations in criminal proceedings, not being relevant.

Conditions for the dissemination of personal data

The Court emphasized that the assessment of essentiality must be carried out on a case-by-case basis. In particular, trial judges are required to provide an analytical justification for why they believe the dissemination of the 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 lawfulness 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

Judgment 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 report news, requiring rigorous assessment by judges. This approach not only protects individual rights but also ensures that information of public interest is handled responsibly, in line with current regulations.