The constant exchange of data and information in the world of the web has imposed a reinterpretation of the classic paradigms related to the so-called privacy as a legal interest. The crime of unlawful processing of personal data, as per art. 167 of the Italian Privacy Code (Legislative Decree 196/2003), is emblematic in this sense, and has been emended by numerous corrective measures in order to adapt it to the modern and changing needs of legal protection. Te analysis carried out here therefore reﬂects on the recent reform (Legislative Decree101/2018) which tries to recover the oﬀensiveness of the criminal type through the formulation of a result crime whose oﬀence is focused on the harm to the person concerned: however, in an apparently irreconcilable way, a speciﬁc intent of damage is maintained, which overlaps with the material result achieved by the agent. Finally, the paper tries to demonstrate how a new legal interest with a public nature is emerging, that is, the system of protection of personal data , the protection of which is entrusted to Articles 167-bis and 167-ter.
|Numero di pagine||23|
|Rivista||DIRITTO PENALE CONTEMPORANEO|
|Stato di pubblicazione||Published - 2019|