With the development and advent of the massive use of digital technologies throughout the world, it has been necessary to regulate the lawful and legitimate use of data acquired by service providers in Europe. In 2016, European legislation on data processing and privacy was published which established how to lawfully use people's data. While this use of large-scale data was increasingly exploited, the phenomenon of big data and small data was created, where professionals and companies who process people's data sell them to third parties, to obtain a further profit through the transfer of personal, sensitive and legal data so that whoever purchased them can identify the person's profile and predict both for the single individual and for a certain mass of individuals the choices that they will probabilistically make at a specific moment. In 2021, a new law came into force in Italy, which updates consumption reports and equates personal data with current currency in order to remedy a regulatory gap on the lawful processing of data. This demonstrates how necessary it is, for those who use and acquire personal data, to deal with professionals who are experts in data processing who know how to prepare a plan on how to regulate their professional or business activity, so that they do not incur administrative sanctions, criminal offenses and compensation. civilians. Equally important is for the consumer who now knows, due to the new rule, that his data can be used as currency to access a service, for example the "free" use of social networks, whose company-consumer relationship is which has become to all intents and purposes a sales contract, but only in the case in which you agree to treatment in excess of the minimum necessary to use the service or to allow the fulfillment of legal obligations. All this has completely revolutionized the lawfulness of data processing, developing new legal situations that increasingly require professionals capable of applying these rules to the service offered and configuring new administratively, criminally and civilly relevant facts, despite already before the publication of this new As a rule, due to the lack of training on data processing, the Privacy Guarantor had imposed an enormous amount of sanctions, with an average amount of around 60,000 euros, for regulatory violations on the subject.
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Lawyers' strike of 4 March 2024 - Undue compression of the right of defense committed by the PM
On 01/31/2024 the UCPI resolved the following document:
“We learned with dismay the news of the investigation opened by a Milanese prosecutor against the defender of an accused while the trial for a serious murder was underway before the Court of Assizes. It was subsequently learned that one of the two prosecutors, who supported the accusation in the trial against Alessia Pifferi, keeping his colleague in the dark about his initiative, decided to investigate the lawyer Pontenani, defender of the accused, for the sole reason fact of having used the reports drawn up by two psychologists of the prison in which Pifferi is confined, who were themselves investigated for the crime of forgery, in order to support the existence of an intellectual development deficit in their client and to ask for it subjection to psychiatric evaluation. An appraisal which was subsequently ordered by the Court of Assizes and which is currently underway. According to the accusatory hypothesis, the psychologists' reports would in fact contain false declarations on the prisoner's mental conditions instrumentally aimed at obtaining a psychiatric assessment and it is for this reason that during the investigations, telephone and environmental wiretaps were ordered against them, as well as the search of their homes. It is news in the press today that, while one of the two prosecutors in charge of the accusation, as she was kept in the dark about the initiative in question, has decided to renounce the assignment of the file, in the context of the trial pending before the Court of Assise, the defendant's defender declared that he did not want to give up the defense although it was registered on the initiative of the same PM opposing her in that trial. We cannot fail to consider that this investigation, sensationally inserted within an ongoing debate, ends up altering the ordinary balance of the trial and compromising the serenity of those, judges and experts, who will have to express their assessments, bringing out how, once again, the defensive function and who exercises it appear delegitimized by the same unilateral initiative of the PM, aimed at affirming the existence of a contribution by the defender in the hypothesized illicit conduct of third parties, which highlights, if there were still a need , not only the procedural disparity between prosecution and defense, but also the substantial confusion between the position and role of the defender and the figure of the client. For these reasons, without wanting to go into the merits of the procedural matter, we must stigmatize what happened and underline how unacceptable any undue compression of the constitutionally guaranteed right of defense is, regardless of whether it is pursued, inside or outside the trial. We will monitor to understand what in particular justified the registration of the colleague in the register of suspects and finally in what context these initiatives developed, because, if this is what awaits the trial of the future with one party, the Prosecutor, who investigates the other part in an open debate, on the sole basis of an uncontrolled investigative hypothesis, we can celebrate the requiem not only of the accusatory rite, but of justice as such."
Therefore we inform you that on 4/3/2024 the lawyers of the Daniele law-economic firm will participate in the national strike.
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