Copasir approved on 20 October the “Report on the discipline for the use of secret contracts, also with reference to the rental of the various interception systems” edited by the senator Francesco Castiello (5 Star Movement) and by the deputy Elio Vito (Forza Italy). This was announced by the president, Senator Adolfo Urso (Brothers of Italy).
The in-depth analysis, the report reads, was carried out through “a short cycle of hearings” which saw a parade in front of the Copasir on 14 September Luciano Calamaro, the president of the control section of the Court of Auditors on secret contracts, and on Tuesday 19 October Marta Cartabia, Minister of Justice. At the end of the discussion with Calamaro, Urso had communicated, “the need for interventions aimed at improving the legislation and procedures was highlighted to ensure greater effectiveness in the control activity that ultimately belongs to Parliament”. From here, the assignment to Castiello and Vito.
“Widespread and repeated problems over the years», We read from the Report of the Central Section for the control of the secret contracts of the Court of Auditors. A striking example is that of prosecutors: in the face of their “presumably heavy activity also with regard to the use of interception systems which sees the Italian legal system among the major users of these tools, only 6 were registered for the Ministry of Justice deeds (including 4 pending) of which 4 referring to the rental of interception systems for a single seat of the Court against 140 Courts on the Italian territory “.
This concerns the preventive check of the legitimacy of the secret contracts. As part of the subsequent check on the regularity, correctness and effectiveness of management, the Central Section examined 64 contracts, entered into or subject to change in 2020, of which 44 from the Ministry of Defense and a smaller number from other ministries (5 from Foreign Affairs; 3 from the Interior; 2 from Justice).
From this analysis, Copasir was able to highlight a series of worrying gaps and omissions in the acts by the entities in the special control section of the Court of Auditors. To take the lion’s share in this certainly not commendable ranking are the courts that seem very unfair in this activity of transmitting data concerning secret contracts. The risk that this behavior could have repercussions not only on the State accounts but also on the security itself are high freight according to the committee chaired by Senator Urso.
Copasir therefore deemed it appropriate to start an in-depth study of the matter, also taking into account, for example, the impact of the Exodus case, a capture software used by various prosecutors to conduct computer investigations and which in 2019 had been the subject of an investigation by the Naples prosecutor’s office. The investigation found that there were no security guarantees regarding the storage and management of data on the platform Exodus and that the security measures were not suitable for maintaining its secrecy and integrity.
Castiello and Vito, in conclusion, in the light of this fact, they have proposed some measures to reduce critical issues emerged both from the point of view of the control of the documents and from the point of view of the omission or excessive fragmentation of the sending of documents by the judicial bodies.
First of all, a strengthening of the sanctioning system of the Central Section of the Court of Auditors. Secondly it aims to strengthen the role of Copasir itself “Transforming what is an information burden into a consultative activity”. Copasir also asks for one greater transparency of the secrecy clause, so that this is “explicit and adequately motivated”, the Committee “considers the commitment of the government relative to the problems of the sector to be appreciated” but denotes “the need for regulatory interventions aimed at improving the discipline of the assignment of this service according to some indispensable lines guidelines ”, including“ the desirable overcoming of the aforementioned interpretative divergence between internal and community law in the direction of an adjustment towards the latter for the protection of fundamental rights, with particular regard to privacy ”.
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