Analysis of Judgment No. 37395 of 2024: Relevance of GPS Localization in Preliminary Investigations

Judgment No. 37395 of September 18, 2024, represents an important reference for preliminary investigations in criminal matters, specifically regarding the use of GPS localization. The case in question has sparked heated debate on the compatibility between the use of localization technologies and privacy rights, in light of Italian and European regulations.

The Legal Context of GPS Localization

The Court of Cassation, in declaring the appeal inadmissible, affirmed that the localization of movements via GPS constitutes an atypical means of seeking evidence. This implies that such a method does not require the massive accumulation of sensitive data, making the findings usable without the need for authorization from the judicial authority.

In this context, it is crucial to emphasize that the judgment excludes the analogical application of the "data retention" discipline, highlighting that the principles established by Directive 2002/58/EC and the CJEU judgment of April 5, 2022 (C. 140/2020) are not relevant in this specific case. The Court has therefore drawn a clear line between electronic surveillance and the accumulation of personal data, stressing the need to ensure a balance between investigative needs and the protection of privacy.

Practical Implications of the Judgment

The practical implications of the judgment are manifold and of great importance for law enforcement agencies and legal professionals involved in preliminary investigation cases. Among the main considerations are:

• The possibility for judicial police to use tracking technologies without prior authorization from the judge.
• The need for further clarification of the limits and conditions for the use of GPS localization to prevent abuses and ensure respect for privacy.
• The promotion of constant dialogue between legislators and jurists to update regulations based on rapid technological developments.

Nature - Atypical means of seeking evidence - Analogical application of the discipline on "data retention" - Exclusion - Directive 2002/58/EC and CJEU judgment 05/04/2022, C. 140/2020 - Relevance - Exclusion. In preliminary investigations, the localization of movements via GPS satellite detection system (so-called electronic surveillance) is an atypical means of seeking evidence, not involving a massive accumulation of sensitive data by the service provider, so that its findings are usable without the need for authorization from the judicial authority. Neither the discipline referred to in Article 132, paragraph 3, of Legislative Decree of June 30, 2003, No. 196 and subsequent amendments, concerning call detail records, nor the principles affirmed by the CJEU judgment of 05/04/2022, C. 140/2020, relating to 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 electronic communications sector, apply by analogy.

Conclusions

Judgment No. 37395 of 2024 therefore represents a significant step in clarifying the use of localization technologies in the context of preliminary investigations. It offers food for thought 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 for legal professionals to remain informed and updated on these developments to ensure the correct application of the law.