The president of the Privacy Guarantor invites Parliament to be cautious in the use of massive surveillance tools

The president of the Privacy Guarantor, Pasquale Stanzione, during the Senate hearing on the Justice bill, underlined the importance of guaranteeing greater protections regarding the use of computer interceptors for wiretaps. According to Stanzione, the use of such tools could pose risks of excessive surveillance, making information accessible to anyone. Therefore, the Authority proposes to prohibit the use of sensors capable of modifying the content of the host device and erasing traces of the operations carried out.

The risks associated with the use of spy apps and spy software

Stanzione highlighted the risks associated with the use of apps and software that are not directly installed on the suspect's device, but are accessible via connected platforms. These tools could turn into dangerous mass surveillance tools if appropriate filters are not imposed to limit their acquisition by third parties. The Guarantor therefore proposes the possibility of prohibiting the use of apps or software downloadable from platforms accessible to all, or of providing for the installation of sensors only after having verified the unambiguous association between the electronic device and the authorizing judicial provision.

Need to ensure the integrity of the evidence

Stanzione underlines the importance of prohibiting the use of sensors capable of modifying the contents of the host device and erasing traces of the operations carried out. For correct evidential reconstruction, protection of the right of defense and protection of privacy, it is essential to have software capable of reconstructing in detail every activity carried out on the host system and on the data present, without altering its content. The Guarantor therefore invites the introduction of protection measures to prevent the improper use of spy software.

Proposals from the Guarantor to strengthen the guarantees of confidentiality of wiretaps

The Guarantor underlines the importance of introducing specific changes to other procedural provisions, in order to further limit the risk of undue circulation of the data subject to removal during the judicial process. It also proposes to consolidate the path of technical and organizational rationalization of the interception systems, aimed at the creation of the five national data centers. Finally, it suggests easing the conditions for applying the special protection granted to third parties, so that compliance with the ban on the circulation of data collected during the trial is guaranteed.