Law / Italy

Codice Penale, Article 615-bis, Unlawful Interference in Private Life by Visual or Sound Recording

Codice penale, art. 615-bis

In force since .

An interception and recording consent rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • Do not, by means of visual or sound recording instruments, unduly procure news or images concerning private life taking place in the places indicated in Article 614.
  • Do not reveal or disseminate, through any means of public information, the news or images obtained in that way.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Article 615-bis(1) and (2) carry imprisonment of six months to four years. The offenses are prosecuted on complaint, but where the act is committed by a public official or person in charge of a public service abusing powers or violating duties, or by a person who practices, even unlawfully, as a private investigator, the authority proceeds of its own motion and the penalty is imprisonment of one to five years.

What this law does

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Research summary

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Article 615-bis(1) punishes with imprisonment of six months to four years anyone who, by means of visual or sound recording instruments, unduly procures news or images concerning private life taking place in the places indicated in Article 614. Unless the act is a more serious offense, the same penalty applies to anyone who reveals or disseminates, through any means of public information, the news or images obtained in that way.

The offenses are prosecutable on the complaint of the injured person, but the authority proceeds of its own motion, with imprisonment of one to five years, where the act is committed by a public official or person in charge of a public service abusing powers or violating duties, or by a person who practices, even unlawfully, as a private investigator.

When LexLint raises it

When your app profile says your app records conversations or processes voice recordings.

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