The cabinet gave the green light to decree on the subject of eavesdropping reform, release of the mafia bosses and privacy with reference toImmune app. The measure launched by the government moves on several terrains: on the one hand that of justice and on the other the privacy chapter regarding the app that Italians are invited to use for tracking contacts of infected people. The main element of the decree concerns the operation of the Immuni app, with an important premise: there will be no limitation and no prohibition for those who decide not to download the application.
Government rules for the Immuni app
The app will be used for “track down people who have come into contact with individuals who have tested positive“. Who will not install it will not have “no limitation or consequence with regard to the exercise of the fundamental rights of the interested parties“. It is also ensured that the data will be collected in such a way that they are made anonymous or, where impossible, pseudonymised. The geolocation of individual users is also excluded, while it ensures that the data will be kept only for the period strictly necessary for processing. In particular, the data will be deleted as soon as the emergency ends and in any case no later than December 31, 2020.
The reform of wiretapping slips
The decree also provides for the extension of the entry into force of the wiretapping reform. The measure, which had been definitively approved in February in Parliament, should have entered into force on May 1, 2020. But due to the continuing health emergency, which is still ongoing, the executive has decided to postpone the entered into force on 1 September 2020.
Anti-mafia authorization will be required for boss release
Another intervention of the decree is that concerning release for people detained in hard prison terms, the 41 bis. Before validating the release or the application of home detention, it will be necessary to receive a favorable opinion from the Prosecutor of the Republic of the reference capital and the authorization of the National Anti-Mafia and Counter-Terrorism Directorate. An extra check, therefore, before the cases of release which, however, cannot take place before 24 hours and without authorization from the National Anti-Mafia Prosecutor.