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Digital Signature. A chance for change?

After ten years Italy might let digital signature legal framework moves toward a coherent system.

Current legislation – Legislative Decree 82/2005 – is still affected by unclear definitions, EU directive translation errors and technical misunderstanding.

If passed in Parliament, draft law AC1441-bis will assign Government the power to amend these mistakes, a non-impossible mission if only the concerned persons will take their time in fully understand the issues debated since 1997 and never fully resolved.

More to come about, as soon as the Parliament will pass the law containing the amendment principles.

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Italy, Data Protection, International Corporate Rules

Law n. 133 passed on Aug. 6, 2008 amends the Italian Data Protection Code and allow conglomerates and multi-national companies to freely exchange personal data, provided that their internal corporate rules system matches Italian Data Protection Regulation.

This is a way to circumvent the strict limits imposed by former regulation, that forbade the exchange of personal data with countries (like United States of America) with a lower level of personal data legal protection.

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The piratebay case. A dangerous decision

The Court of Bergamo (IT) issued an order of preemptive seizure against piratebay.org, a swedish website accused of copyright contributory infringement, by running a torrent search engine.

The Court affirmed its jurisdiction even if there were no evidence of an actual involvement of Italian citizens, by not excluding, in theory, this possibility. If confirmed, this decision might disrupt the legal notion of jurisdiction, allowing every State to shut down ? “disturbing” websites hosted in different countries.

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Towards an Italian National DNA Database

Italy started the legal process to establish a National DNA Database.

A draft law proposed by Goverment (and not yet approved by the Parliament) establish the power for Law Enforcement officer to obtain DNA samples with moderate use of force, inflicting a minimum pain.This provision is said to be necessary in case the suspect refuses to volounteerly provide the sample.

It is still unclear which structure the DNA database will assume, but is seems that both DNA samples and profiles will be collected and stored in a central facility.