Commentary on Judgment No. 17551 of 2023: Abusive Access to Computer Systems

The recent judgment No. 17551 of January 30, 2023, filed on April 27, 2023, offers an important overview of the responsibilities of judicial police officers regarding access to computer databases. In particular, the Court reiterated that abusive access to a computer system constitutes the crime provided for by Article 615-ter, third paragraph, of the Penal Code, when it occurs for purely exploratory purposes and without justified suspicion. This in-depth article aims to clarify the details of this judgment and its legal implications.

Context of the Judgment

In the judgment under review, the Court of Appeal of Brescia declared inadmissible the appeal of a judicial police officer who had made unauthorized accesses to the interforce database. The reasons for such accesses were deemed inadequate, highlighting that the purposes must be strictly linked to police activity and not merely exploratory. This aspect is crucial, as it establishes a clear boundary between legitimate use of data and abuse of power.

The Ruling of the Judgment

Abusive access to a computer or telematic system - Judicial police officer authorized to consult the interforce database - Access for reasons other than those permitted - Merely exploratory investigative purposes - Configurability of the crime - Existence. The conduct of a judicial police officer who accesses the interforce database in violation of internal authorization procedures and for purely exploratory purposes, in order to acquire information on colleagues and public figures in the absence of even a qualified suspicion capable of stimulating the initiative of judicial police activity, constitutes the crime provided for by Article 615-ter, third paragraph, of the Penal Code.

This ruling clearly highlights that abuse of data access cannot be justified unless valid and justifiable reasons exist. The Court emphasized that internal authorization procedures must be strictly adhered to, and any breach entails legal consequences.

Legal Implications and Regulatory References

• Article 615-ter of the Penal Code: governs abusive access to computer systems.
• Relevant case law: previous judgments that have dealt with similar cases, such as No. 37339 of 2019 and No. 4694 of 2012, offer a useful framework for interpreting the regulations.
• European regulations concerning data protection and the right to privacy: these regulations are fundamental to understanding the context in which law enforcement operates.

In summary, judgment No. 17551 of 2023 is part of a line of case law that emphasizes the need for responsible and justifiable use of confidential information, highlighting the importance of transparency and legality in the operations of public administration and law enforcement agencies.

Conclusions

The analyzed judgment represents an important step forward in the protection of legality and privacy. It raises significant questions about the methods of accessing sensitive information and the responsibilities of the officers in charge. It is essential that all legal operators and professionals in the legal sector are aware of these dynamics, to ensure that the law is respected and that citizens' rights are always protected.