Global Positioning System Evidence in Court Proceedings and Privacy: The Case of Italy

Abstract

This article focuses on privacy concerns related to the use of GPS data as evidence in court proceedings and suggests the need for updated, comprehensive international rules on this topic. Indeed, with the lack of international rules on the use of GPS evidence as well as other satellite evidence in trials, domestic courts, when admitting this data as proof, do not always adequately address the need to protect individual fundamental rights, especially the right to respect for private life. This situation is currently a problem in Italy, where there are no specific provisions on this issue and domestic jurisprudence sidesteps these concerns, in spite of the European Court of Human Rights’ statements in Uzun v. Germany. In short, in this report Italy will be treated as a case study, which shows the need for international rules on this matter.