PP705
Analítico de Periódico
GRANARA, Daniele
Il fronte avanzato del diritto alla riservatezza / Daniele Granara
Rivista Italiana di Diritto Pubblico Comunitario, Milano, a.25 n.3-4 (2015), p.897-915
DIREITO COMUNITÁRIO, DIREITOS FUNDAMENTAIS, DIREITO À RESERVA DA VIDA PRIVADA, DIREITO À PRIVACIDADE, PROTECÇÃO DE DADOS PESSOAIS, DIREITO CONSTITUCIONAL / Itália, CEDH, TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA
The study, inspired by a recent judgment of the Grand Chamber of the Court of Justice of the European Union and the issue of the protection of personal data processed by the search engines, traces the evolution of the right to privacy. Firstly, examine the protection of privacy in the Italian Constitution, where the right is grounded in articles. 2, 3, 13, 14 and 15, which inviolable form of protection of the person, both in relation to the personal liberty (habeas corpus) and wherever and whenever it is projected into society (home, communication, correspondence, expression, press). The study then traces the European discipline of the right to private life, both in the European Union (arts. 7 and 8 of the Charter of Foundamental Rights of the European Union) and international (art. 8 ECHR): in this context, the judgment of the Court of Justice of the May 13, 2014 confirms the guarantees already provided on privacy in relation to the storage and / or data indexing by search engines on the Internet. Such operations constitute “processing” of personal data, which the search engine is “controller” in accordance with the law, with the obligations relating, in the sense of the broadest protection and caution, because of the significant incision on the rights and private life of individuals: the interference in them can only be justified by special reasons of public interest in specific information and following the procedure and safeguards identified by the Supreme Court. In Italian law, which has promptly implemented the European directives, with high standards of protection, the legislator has provided justifiable exceptions to the protection of privacy, for the prosecution of offenses relating to terrorism, while still neglecting the problem of regulation of wiretaps, one of the sources of greatest risk to protect the inviolable right to privacy.