I limiti della tutela penale del trattamento illecito dei dati personali nello spazio digitale

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Abstract

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.
Lingua originaleItalian
pagine (da-a)178-200
Numero di pagine23
RivistaDIRITTO PENALE CONTEMPORANEO
Stato di pubblicazionePublished - 2019

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