ItalyCodice Penale, Article 617-bis, Possession, Distribution and Installation of Apparatus Suitable to Intercept Telephone or Telegraph Communications
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not, outside the cases the law permits and in order to take cognizance of a telephone or telegraph communication or conversation between other persons, or in any case not directed to you, or to prevent or interrupt it, procure, hold, produce, reproduce, distribute, import, communicate, deliver, make available to others or install apparatus, instruments or parts of them suitable to intercept, prevent or interrupt such communications or conversations.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 617-bis(1) carries imprisonment of one to four years. The penalty is imprisonment of two to six years where one of the circumstances of the second paragraph, number 1, of Article 615-ter applies, and of one to five years where the act is committed against a public official in the exercise or because of their functions.
What this law does
Article 617-bis(1) punishes with imprisonment of one to four years anyone who, outside the cases the law permits and in order to take cognizance of a telephone or telegraph communication or conversation between other persons or in any case not directed to them, or to prevent or interrupt it, procures, holds, produces, reproduces, distributes, imports, communicates, delivers, makes available to others or installs apparatus, instruments or parts of them suitable to intercept, prevent or interrupt telegraph or telephone communications or conversations between other persons.
The penalty is imprisonment of two to six years where one of the circumstances of the second paragraph, number 1, of Article 615-ter applies. The penalty is imprisonment of one to five years where the act is committed against a public official in the exercise or because of their functions. Article 19(4)(a) of Law 238 of amended the first paragraph of Article 617-bis.
When LexLint raises it
When your app profile says your app records conversations or processes voice recordings.