A proposed legislative reform would require longer and more stringent procedures for the seizure of mobile phones. Members of the opposition Democratic party have raised alarm, warning of a potential hindrance to mafia-related investigations.
Italian Minister of Justice Carlo Nordio announced a new reform on the acquisition of mobile phones in investigations on February 15th before the Senate. Having been approved by 104 votes to 56 against, the amendment to the Zanettin bill will most likely be discussed in Parliament in April.
The amendment introduces limits imposed on the seizure of mobile phones, PCs, and other IT devices in the name of protecting privacy, potentially leading to longer procedures during investigations.
The preliminary judge will need to give approval before the public prosecutor can seize mobile phones, and the request for seizure will lose effectiveness if the judge does not validate it within 10 days.
Mr. Nordio called for this amendment to protect the privacy of the accused, stating that “there are not only conversations in a smartphone, there is an entire life.” By equating the seizure of smartphones to wiretapping, the amendment distinguishes digital devices from documents and applies the same jurisdictional guarantees that the procedural code imposes on wiretapping.
The original text of the Zanettin bill entrusted the seizure of smartphones in the hands of the prosecutor. Now, the scrutiny of a judge will be required, as is the procedure for wiretaps, before confiscating mobile phones for investigations. Messages and communications that are not deemed relevant will be excluded from investigations.
However, the amendment, proposed by center-right Minister Nordio, has incited criticism from the Democratic party, the largest opposition party in the country. According to the Italian Associated Press Agency (ANSA), members are concerned over its application to “particularly delicate investigations, starting with those involving the mafia.” Senator Rossomando has consequently asked for further hearings.
Politicization of the courts
The reaction from the National Association of Magistrates was unfavorable. ANSA reported that Alessandra Maddalena, the vice president, acknowledged the need for attention towards “sensitive and personal data” when confiscating sensitive material in mobile phones, but claimed that this amendment paints the public prosecutor in a negative light, posing a detriment to the Italian justice system. In her view, this reform is part of a continuous attempt to delegitimize the figure of the prosecutor, depicting him as a “shadowy figure.” She stressed that the reform risks politicizing the role of the prosecutor, and therefore depriving his autonomy in legal matters.
Andrea Orlando, Democratic member of the Chamber of Deputies of Italy, has further expressed concerns. He highlighted that there is a risk of bureaucratization and “excessively prolonging the timescales, making the seizure more difficult.”
This proposed reform reached the Senate during a period of heightened criticism of Prime Minister Georgia Meloni’s governmental reforms from the legal community. The government’s proposed constitutional amendment to enshrine a majority bonus to concentrate more power in the hands of the elective in an attempt to stabilize the government has been deemed as paving the way to autocracy by Stefano Civitarese Matteucci, Professor of Law and Public Policy at the University of Chieti-Pescara.
Meloni’s government is making a second attempt to address what they consider to be prosecutors’ abuses with this reform, building on a previous one from June 2023. The earlier reform, approved in January, limited wiretap use and complicated arrest procedures, raising concerns about potential complications in investigations and convictions. Despite criticism, the government asserts that these changes will improve the efficiency of Italy’s slow justice system, a top priority for Meloni, who, according to ANSA, wants to streamline bureaucracy in Italy.
