Digital Searches in Italy

The presentation deals with the development of the Italian regulation on digital searches. It will illustrate the development of the case law on the matter, and the recent amendment proposals in the legislation in the light of the European jurisprudence. In particular, the presentation will address the concerns emerging from a lack of clear operating standards in the enforcement of digital searches. A specific focus will then be reserved to the critical issue of the intervention of a third and impartial authority in the searches procedure – as this profile has long been underestimated in the Italian legal system. In this perspective, the presentation will also touch on the problematic relation between violation of privacy law and procedural safeguards, which does not yet find a satisfactory solution in the domestic system.