It is legitimate to seize the phone of someone who takes secret photos

We all have smartphones and often give in to the temptation to take pictures and film. The next step is, obviously, publishing on various social networks.

We know that there is a prison sentence of 6 months to 4 years for anyone who, by obtaining news and images, invades privacy in places of private residence. Therefore, it is a crime to photograph or make videos without the knowledge of people who are peacefully in their own home
dwelling.

But in public places?

It is not forbidden to photograph or film strangers.

What certainly constitutes an illegal act, however, is publishing such images without the consent of the people photographed.

A written release is therefore required.

There is more. The author of secretly taken photos could risk the seizure of his smartphone as evidence, since such action is capable of configuring the crime under art. 660 of the Criminal Code (harassment or disturbance of persons): Anyone, in a public place or open to the public, or by telephone, for petulance or for another reprehensible reason, brings to someone harassment or disturbance is punished with thearrest up to six months or with thefine up to five hundred and sixteen euros.

The Court of Cassation, with sentence no. 9446/2018, established the principle according to which the aforementioned crime is committed by the conduct of anyone who secretly films, even if the offended person doesn't notice anything.

So, in the event that the fact is
objectively annoying or disturbing, it is completely irrelevant that the injured party did not suffer any annoyance, what is relevant is the tranquility of the private life which must be protected regardless of the victim's perception.