意大利的法律截获（LI）框架涵盖了一个复杂的监管环境，外国运营商必须谨慎应对。意大利在法律截获方面的做法是欧洲最为积极的之一。意大利 执法机构 have historically been significant users of telecommunications surveillance tools, and the regulatory framework reflects this through detailed legal provisions, institutional oversight structures, and technical requirements that can be unfamiliar to operators entering the market from other EU member states. For foreign operators — particularly MVNOs and OTT providers expanding into Italy — the combination of the Codice di Procedura Penale, the Codice delle Comunicazioni Elettroniche and the decentralised Procura model creates a compliance environment that demands careful attention.
了解意大利的信息安全框架并不只是将熟悉的 ETSI 标准翻译成意大利语那么简单。意大利的法律体系、制度安排以及截获的实际方法都有其独特之处，运营商必须了解这些特点，以避免代价高昂的错误。本文全面概述了意大利信息通信技术的概况，重点介绍了外国运营商最常遇到困难的领域。.
意大利 LI 框架：监管概览
The legal basis for lawful interception in Italy is found primarily in the Codice di Procedura Penale (Code of Criminal Procedure), specifically Articles 266 through 271. These provisions define the circumstances under which interceptions may be authorised, the types of communications that can be intercepted, and the procedural safeguards that must be observed. The public prosecutor (Pubblico Ministero, PM) orders the interception after authorisation by the preliminary investigations judge (Giudice per le Indagini Preliminari, GIP); in urgent cases the PM orders it directly and the GIP must validate it within 48 hours (art. 267 c.p.p.). Orders must relate to serious criminal offences as defined by the Code.
Italy has a notably broad scope of interception powers compared to some other EU member states. The range of offences for which interception can be authorised includes not only terrorism, organised crime, and drug trafficking, but also corruption and other serious offences against the public administration. This breadth means that Italian operators handle a relatively high volume of interception requests, and their systems must be capable of managing multiple concurrent intercepts efficiently. Since 24 April 2025 an interception may in principle last no more than 45 days in total (art. 267 (3) c.p.p., as amended by Law 47/2025), with exceptions for organised crime. Operators should expect frequent short orders and extensions rather than open-ended intercepts.
The Codice delle Comunicazioni Elettroniche (Electronic Communications Code), which transposes the EU’s EECC into Italian law, establishes the general obligations for telecommunications operators, including the duty to cooperate with lawful interception requests. The general authorisation is obtained by notifying the Ministry of Enterprises and Made in Italy (MIMIT) (art. 11 of the Codice). Every authorised operator must then provide the ‘prestazioni obbligatorie’, including interception for the judicial authorities, under art. 57 of the Codice (formerly art. 96). AGCOM — the Autorità per le Garanzie nelle Comunicazioni — is the national regulatory authority for the communications market, but it has no authorisation or oversight role for lawful interception.
Authorisation, Mandatory Services and Compensation
The day-to-day execution of interception orders falls to the Procura della Repubblica (public prosecutor’s office) and the operators themselves. The types of mandatory service, the execution modalities and the uniform IT procedures are set nationally by the decree provided for in art. 57 (6) of the Codice.
For foreign operators, one of the first steps in entering the Italian market is the notification to MIMIT. Italy has no licence for electronic communications services: the operator notifies MIMIT and can start activity, but must be able to provide the mandatory interception services from day one. This applies to MVNOs and smaller operators just as it does to the large networks.
Italy has a system of compensated interception. Operators are compensated for mandatory interception services under a joint decree of the Ministry of Justice and MIMIT (with the Ministry of Economy and Finance), which sets the service types, tariffs and administrative procedures (art. 57 (6) of the Codice). Understanding and correctly invoicing under this system is an important operational consideration for operators with significant interception volumes.
个人数据保护担保公司
The Garante — Italy’s data protection authority — occupies a unique position in the Italian LI landscape. While the Garante does not directly oversee the execution of interceptions, it exercises significant influence over how intercepted data is handled, stored, and protected. The Garante’s detailed interception-security measures (2013) bind the prosecutors’ interception centres and the police, not the operators. Operators are bound by the GDPR and, for traffic data retained for justice purposes, by the Garante’s 2008 measure on the security of telephone and internet traffic data: two-factor authentication, physically separate systems, encryption and tamper-proof audit logs.
One of the Garante’s most significant interventions in the LI space was its prescriptive ruling on the security of the prosecutors’ interception centres. Following inspections at several prosecutors’ offices, the Garante prescribed physical and logical security measures for their interception centres in 2013: controlled and logged access to listening and server rooms, video surveillance and encryption.
For operators’ LI systems, the benchmark is GDPR art. 32: strict access control, logging and protection for 保单管理, data storage and the transmission of intercepted material to law enforcement. Operators that fail to meet these standards risk enforcement action from the Garante, which can include significant fines and orders to suspend processing activities.
Foreign operators often underestimate the Garante’s role, assuming that data protection compliance in the LI context is limited to general GDPR obligations. In Italy, the Garante’s sector-specific measure on retained traffic data creates additional requirements that must be addressed explicitly. Operators entering the Italian market should review the Garante’s published decisions and guidance on traffic-data security and ensure that their systems and processes are fully aligned.
技术要求和 Procura 模型
Italy’s technical approach to lawful interception has some distinctive features that differentiate it from other European markets. One of the most important is the Procura model, under which the public prosecutor’s office — rather than a single national receiving platform — serves as the primary recipient of intercepted communications. By law, interceptions are carried out with equipment installed at the prosecutor’s office (art. 268 c.p.p.), the ‘Centro Intercettazioni Telecomunicazioni’ (CIT); for internet interception the prosecutor may also use privately owned equipment. Operators may need to deliver intercepted data to multiple different Procure depending on which office has issued the warrant. Storage of the interception archives is due to move to interdistrict digital infrastructures under Decree-Law 105/2023; their mandatory use has been postponed several times, currently to the end of 2027.
This decentralised model means that operators may have to connect to several Procure, each with its own connectivity arrangements, while the execution modalities are set nationally by the decree under art. 57 of the Codice. Delivery goes to the prosecutor’s interception centre, whose equipment is often supplied and maintained by private companies (‘fornitori’).
The fornitore model is a distinctive feature of the Italian market. These companies supply and maintain the equipment of the interception rooms (sale ascolto) used by prosecutors and the judicial police, and provide the technology platforms for managing and analysing intercepted communications. Operators must be able to deliver to the interception centres of different Procure under these uniform national rules. For an operator entering the Italian market, understanding how the Procure and their fornitori receive data is an essential step.
技术基础设施必须支持实时传送 IRI 和 CC。语音拦截必须以实时音频流的形式传送，而数据拦截则必须捕获并转发相关的 IP 流量。意大利的拦截量很大，这意味着运营商的系统必须能够在不影响拦截数据质量或商业网络性能的情况下处理大量的并发拦截负荷。.
外国运营商的常见陷阱
Foreign operators entering the Italian market frequently encounter several common difficulties in achieving LI compliance. The first is underestimating the volume and pace of interception activity. Italy carries out a high number of interceptions every year, and operators must be prepared for a significant number of concurrent intercepts, particularly if they operate in urban areas with large subscriber bases.
第二个常见陷阱是没有考虑到《保证书》的安全要求。如果运营商只注重拦截和传输通信的技术能力，而不考虑安全和数据保护方面的问题，那么即使其拦截系统从技术角度来看运行正常，也会发现自己不符合要求。.
第三个困难是驾驭分散的 Procura 和 fornitore 模式。习惯于与单一中央机构打交道进行拦截交付的运营商必须适应意大利更加分散的格局，可能需要多个技术接口和交付安排。这对系统设计、测试和持续运行管理都有影响。.
A fourth issue is the cost recovery mechanism. While Italy’s compensated interception model is beneficial for operators, compensation follows the national tariff decree and its uniform administrative procedures, so operators need accurate per-order records to support the payment process.
MVNO 考虑因素
MVNOs in Italy face the standard challenge of bearing legal responsibility for interception while often lacking direct control over the network infrastructure. The Italian framework does not exempt MVNOs from interception obligations: every operator authorised under the Codice must be able to provide the mandatory interception services (art. 57) and demonstrate a viable 拦截能力. 因此，移动虚拟网络运营商（MVNO）必须部署自己的监听系统，或者与其宿主移动网络运营商（MNO）签订涵盖所有监听要求的全面协议。.
The delivery to the prosecutors’ interception centres is also important. MVNOs must ensure that they can deliver intercepted data to the interception centre of whichever Procura has issued the order, under the uniform national execution modalities. This may still require supporting several connections simultaneously. For MVNOs with limited technical resources, partnering with a 托管 LI简体中文（大陆） service provider can be an effective strategy, provided it can deliver to the Italian prosecutors’ interception centres.
结论
Italy’s lawful interception framework is among the most demanding and distinctive in Europe. The combination of broad interception powers, high operational volumes, the mandatory services under art. 57 of the Codice, the decentralised Procura model, and the 45-day duration cap creates a compliance environment that requires careful preparation and ongoing attention. For foreign operators — and MVNOs in particular — success in the Italian market depends on understanding these local specificities and investing in the legal, technical, and operational capabilities needed to meet them. The MIMIT notification, a delivery capability ready from day one, GDPR-grade security of the LI systems, and accurate records for the compensation process are the foundations of a compliant and sustainable LI operation in Italy.
意大利 LI 框架要求运营商与监管机构保持持续的关系。详细了解意大利 LI 框架对任何为意大利客户提供服务的运营商都至关重要。.
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外部资源
以下外部资源提供了更多背景资料和官方文件：
