La tutela della riservatezza del terzo nel procedimento penale

Abstract

The paper examines the protection of third parties’ privacy in criminal proceedings, a topic often overlooked yet crucial in safeguarding individuals from disproportionate exposure. Starting from the principle of publicity in trials, it explores the need to balance transparency and personal data protection under both national (Italian Privacy Code, Legislative Decree No. 196/2003) and European law (GDPR and Directive 2016/680/EU). The study focuses on key protective measures—such as anonymization, data redaction, and the rights to rectification or erasure of personal data—and highlights the Contrada v. Italy case, in which the European Court of Human Rights stressed the duty of States to ensure effective safeguards for persons not formally involved in proceedings. The paper concludes by advocating a comprehensive legislative reform to fill existing gaps and to strengthen the timely and effective protection of third parties’ dignity and privacy within the criminal justice system.