"It is striking that, in order to intervene in the matter of seizure of cell phones and wiretaps, the public prosecutor is indiscriminately portrayed as a shadowy figure, out of control, who takes possession of the data and does not monitor their disclosure. It is a continuous work of delegitimization of the figure of the prosecutor, who it wants to be represented at all costs as foreign to the culture of the jurisdiction. And the only effect will be to deprive it of the guarantees of autonomy and independence provided for by the Constitution and to subject it to the influence of political power, to the detriment of the citizens".
Thus to ANSA Alessandra Maddalena, vice-president of the ANM, regarding the announced government measures on the reform of cell phone seizures.
The concern that sensitive and personal data unrelated to investigations may be disclosed - explains the vice-president of the ANM - can be shared: for this reason, for many years, jurisprudence has indicated criteria to be observed - proportionality, temporariness and adequacy - for the acquisition for investigative purposes of the contents of cellular devices.
Some prosecutor's offices have also adopted guidelines, precisely to avoid indiscriminate acquisition of data, in order to safeguard the integrity and confidentiality of third parties and of the suspect himself.
I do not discuss the possible choice of the legislator to intervene on the matter, even assimilating it to that of wiretapping".
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