Within the retention periods imposed by law (please see A.53), if there are sufficient indications of crimes for which the law establishes the penalty of life imprisonment or imprisonment of no less than three years (as to its maximum), and crimes of threatening and harassing or disturbing people by telephone, when the threat, harassment and disturbance are serious, where relevant for ascertaining the facts, the data at issue are acquired after authorization issued by the Judge with a reasoned decree, at the request of the Public Prosecutor or at the request of the defender of the accused, of the person under investigation, of the injured person and of the other private parties.
When there are reasons of urgency and there is well-founded reason to believe that the delay could seriously jeopardise the investigations, the Public Prosecutor orders the acquisition of the data with a reasoned decree that is communicated immediately, and in any case no later than forty-eight hours, to the competent Judge. The judge, in the following forty-eight hours, decides on validation with a reasoned decree.
Different rules on data retention apply according to the different types of telecommunications (please see A.53).