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THE GDPR AND CRIMINAL PROTECTION OF PRIVACY IN ITALY: A COMPLEX BALANCE
Abstract
Regulation (EU) No. 2016/679 (hereinafter the GDPR) has profoundly innovated the subject of personal data protection. Recital 149 of the Regulation states that В«Member States should be able to lay down the rules on criminal penaltiesВ» for infringements of this Regulation, including for infringements of В«national rules adopted pursuant to and within the limitsВ» of this Regulation. This provision must be read in conjunction with Article 84.1, which declares that Member States shall lay down the В«rules on other penalties applicable to infringementsВ» of this Regulation (В«otherВ» in the sense of additional to those already envisaged by European legislation), penalties which В«shall be effective, proportionate and dissuasiveВ». In the light of the European impetus, the Italian criminal legislation on privacy was significantly amended. There were many discussions but in the end the Italian legislator opted for a reform of the Data Protection Code (Italian Legislative Decree No. 19 dated 30 June 2003). however, as the doctrine has rightly observed, if some of the amendments are acceptable and of certain impact, the European solicitation could have represented an opportunity (which seems to have been lost) for a structural intervention of the criminal legislation in this specific and delicate sector. This contribution intends to reflect on the most relevant aspects of the changes made in a sector that moves between the provision of criminal sanctions and administrative sanctions (particularly afflictive) with repercussions - in terms of balance of the system - on the fundamental principle of ne bis in idem
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References14
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