Wydział Prawa i Administracji Uniwersytet Warszawski

Wydział Prawa i Administracji Uniwersytetu Warszawskiego
zaprasza do udziału w wykładzie gościnnym

pt. Hacking Through Malware in Criminal Investigations:
European Convention of Human Rights Frame and Italian Picture

który wygłosi dr Andrea Zampini z Uniwersytetu Sapienza w Rzymie
w dniu 6 czerwca 2023 o godz. 18:30
w sali 1.2 w Collegium Iuridicum II.
 

O prelegencie: 

Andrea Zampini is a research fellow at the Sapienza University of Rome, where he also achieved his PhD; he formerly joined the KU Leuven research team in the EU commission-funded project Emprise (www.empriseproject.org).
He is a member of the international scientific project Effective Justice. His main research field lies in the relationship between the right to privacy and criminal investigations.

Abstrakt:

Hacking by law enforcement is one of the new frontiers of criminal investigations and gives rise to many issues about the protection of fundamental rights, such as privacy and communication secrecy.
The European Court of Human Rights gave some hints to balance the necessity to gather useful elements for the purposes of criminal justice and citizens’ rights.
In the Italian doctrine, there are serious concerns about the use of such investigative means, which often fail to meet the standards set by the ECtHR. For many years the law didn’t provide any indication to law enforcement agencies and public prosecutors, so that jurisprudence ruled on the matter using general principles and trying to adjust the existing legislation to the new instruments. Only in 2017, the lawmaker voted a bill to regulate the use of malware as a wiretapping method by activating the microphone of digital devices, but remained silent on its many other functions, since it’s capable of performing searches, screenshots, geolocalization or shooting videos.

Therefore, the lecture will cover main three points. Firstly, we will discuss the human rights protection standard established by the ECtHR. Secondly, we will compare the human rights framework with the principles of Italian criminal procedure, establishing a required standard of performing wiretaps through malware for the criminal justice purposes. Finally, we will discuss whether the Italian legal and jurisprudence-established standard are sufficient to effectively safeguard individuals or whether a different, more corresponding to the academia approach is needed.