La disponibilità esclusiva del dato informatico: una nuova pronuncia della Corte di cassazione a tutela del “patrimonio informativo”

The Court of cassation deals again with the issue of the interest in challenging the seizure of computer data in case of realization of a copy and return of the originals. In accordance with the dominant case law, the decision reiterates the admissibility of the challenge when the appellant demonstrates his interest in the exclusive possession of the data; however, innovating with respect to the previous case law, it concludes that this demonstration is superfluous when data are stored in devices intended by their nature to contain confidential information. The author focuses on the reasons why this conclusion is the consequence of a paradigmatic change in the protection of individuals’ privacy in the use of information technology.