Communicated on 8 February 2021 Published on 1 March 2021

FIRST SECTION

Application no. 25578/11 Luca CASARINI against Italy lodged on 18 April 2011

SUBJECT MATTER OF THE CASE

The application concerns the alleged absence of sufficient safeguards against abuse of access to personal data stored in the database of the Taxpayers Information Service ( Servizio per le informazioni sul contribuente – Ser.P.I.Co . ).

In 2010 the applicant, a political activist and member of the “No Global” movement, read in a newspaper that an officer of the Italian Revenue Police ( Guardia di finanza ) had abusively extracted information concerning him from the database and had handed it to a journalist. The newspaper also reported that in the years 2008 – 2009 the officer had accessed – 1,340 times and in an abusive manner – the database to collect information concerning public persons at the request of the journalist.

In 2011 the applicant read in a newspaper that the officer and the journalist had been convicted of unauthorised access to a computer system to two years ’ and one year ’ s imprisonment respectively; their sentences had been suspended.

The applicant, relying on Article 8 of the Convention, complains of a breach of his right to respect for his private life.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies in respect of his grievances under Article 8 of the Convention, as required by Article 35 § 1? In particular, were there effective remedies available both in theory and practice at the relevant time? Were they accessible and offered reasonable prospects of success? Were they capable of leading to the acknowledgment of, putting an end to and providing redress in respect of the applicant ’ s complaints?

2. Assuming that domestic remedies have been exhausted, has there been an interference with the applicant ’ s right to respect for his private life, within the meaning of Article 8 § 1 of the Convention?

3. If so, was that interference in accordance with the law in terms of Article 8 § 2 (see Rotaru v. Romania [GC], no. 28341/95, § 52, ECHR 2000 ‑ V; Malone v. the United Kingdom , 2 August 1984, §§ 67-68, Series A no. 82)? In particular, did the Italian law afford appropriate safeguards to the applicant to prevent any use of his personal data in a manner inconsistent with the guarantees of Article 8 (see S. and Marper v. the United Kingdom [GC], nos. 30562/04 and 30566/04, § 103, ECHR 2008)?

In answering the above questions, the Government are requested to describe the applicable safeguards, controls and guarantees against abuse. In particular, they are requested to specify, with reference to the situation at the relevant time and at present:

(a) the data which is collected in the database;

(b) the length of the data retention in the database;

(c) the bodies or officials having access to the database;

(d) the purposes for which the data stored in the database can be used;

(e) who and how can authorise searches in the database;

(f) the bodies or officials reviewing compliance with domestic law.

The Government are requested to inform the Court whether the Italian Revenue Police put in place, both at the relevant time and at present:

(a) sufficient security measures for access to the tax registry;

(b) an automated monitoring system which could effectively identify irregular access;

(c) an effective tracking system for access and searches in the database and systematic controls on the work stations of its agents.

The Government are also invited to produce a copy of the judgments and the case file of the criminal proceedings brought against the officer and the journalist referred to in the application.