A side issue arising from the Peppermint affaire is the relationship between criminal and civil trials rule of evidence.
In a criminal investigation, access to ISP owned traffic data and log files is possible only with a public prosecutor search and seize warrant. One seized, these information are strictly confidential and cannot disclosed – even to the defense counsel – before the trial starts.
The very same data – as the Peppermint affaire shows – can indeed be obtained by a private entity alleging a civivl – not criminal, then – copyright infringement, just asking the civil court to force an ISP to disclose information.
This is a paradox of the Italian legal system, since criminal action is supposed to be the only reason to allow the breach of constitutional rights, while the a civil case only gives the court limited powers. This common-sense rule has been subverted when talking about copyright. Is it fair or acceptable?
That’s incredible! Fastweb answered the Data Protection Authority questions by claiming to ignore ? who was calling me on its behalf, and not to have any personal data belonging to me. A few days after (March, 26) I got a NEW CALL from “Fastweb Commercial Department” trying to sell something.
I’ve reported againg this new fact to the Authority, and now I’m really courious to see who – between Fastweb and the Authority – is better “nuts-equipped”.
More to come…
In a previous post I talked about the complaint I sent the Data Protection Authority about Fastweb (an Italian Telco maverick) phone SPAM. Following my letter, the Authority asked Fastweb to provide justification and additional information about that issue. Continue reading “Fastweb answer to Data Protection Authority”
Today the Italian Data Protection Authority issued an official position re: (internet) workplace privacy protection. The bottom line is: employers cannot control how do employees use the Internet during working hours, providing a few exemption to this general “block”. They are simply wrong and tell just the half of the story. Italian courts (including Corte di cassazione – the Supreme Court), indeed, ruled in favour of a more flexible approach when the employer must investigate misbehaviours or crimes. But the data protection people seems not to be aware of it.
What is worse is that to protect employees’ privacy, the Authority is strongly advocacing for preemptive web filtering and content blocking.
That’s a brilliant trade-off: privacy for censorship… and chicks for free!
On feb. 23, 2007 the Data Protection Authority asked Fastweb to provide information about the unsolicited phone SPAM I’ve reported on Feb. 15, 2007