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Italy: Garante publishes opinion on draft decree making asylum seeker interview recordings available to judicial authority and authorized entities

On October 22, 2024, the Italian data protection authority (Garante) announced in its newsletter No. 528 that it published, on July 18, 2024, its opinion on the draft inter-ministerial directorial decree containing the technical specifications for making available, in the jurisdictional phase of merit, the video recording of asylum seekers' interviews.

The draft decree

According to the draft decree, interviews with asylum seekers will be video-recorded using audiovisual means and transcribed into Italian with automatic voice recognition systems. The transcript will then be read to the applicant in a language they understand. Computer copies of the video recording and the transcripts will be stored in a special computer archive of the Ministry of the Interior and in the event of judicial appeals against the decision of the Territorial Commission, the video recording and transcript report are made available to the judicial authority.

The opinion

In its opinion, the Garante proposed further improvements to the draft decree, particularly:

  • identifying the Ministry of the Interior as the data controller and not the Department of Civil Liberties and Immigration; and
  • defining a minimum retention period.

You can read the opinion here and the newsletter here, both only available in Italian.