Why this happens

Most video calling apps do not notify participants when the other party screen records. FaceTime, Zoom, Google Meet, and Snapchat all permit silent recording.

Screen recording of intimate calls is frequently used as a control tactic by partners or as a prelude to sextortion. The recording itself may have occurred months before the distribution.

Legal framework in Italy

Codice penale articolo 612-ter (diffusione illecita di immagini o video sessualmente espliciti). From 1 to 6 years imprisonment plus €5,000 to €15,000 fine. Aggravated where the perpetrator is a current or former partner.

Italy's Codice Rosso reform of 2019 created article 612-ter, one of Europe's most prescriptive NCII statutes. The Garante Privacy operates a unique pre-distribution channel that allows victims to submit perceptual hashes of intimate content to block uploads on participating platforms before publication occurs.

Evidence to preserve

Do not: Do not delete the call history or block the perpetrator's number before evidence is preserved. The call records establish the underlying recording event.

Five step removal process

  1. 1

    Preserve all evidence first

    The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears.

  2. 2

    File the Article 612-ter Codice penale criminal complaint

    Report to local police or the national cybercrime unit. Garante Privacy revenge porn fast track can assist.

  3. 3

    Submit an erasure request under GDPR Article 17 (right to erasure) plus Codice Privacy

    Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. Garante Privacy accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every additional copy

    Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.

  5. 5

    File TAKE IT DOWN Act notices for covered platforms

    Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.

Statutory citations to include in your complaint

Frequently asked questions

Is screen recorded call a crime in Italy?

Yes. Codice penale articolo 612-ter (diffusione illecita di immagini o video sessualmente espliciti) criminalises this conduct. From 1 to 6 years imprisonment plus €5,000 to €15,000 fine. Aggravated where the perpetrator is a current or former partner.

What evidence should a Italy victim of screen recorded call preserve?

The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears. Any messages from the other participant before, during, or after the call. The application used for the call, which determines what server side records may be available.

Does GDPR Article 17 (right to erasure) apply to this scenario?

Yes. GDPR Article 17 (right to erasure) plus Codice Privacy gives the victim a direct erasure right against any platform processing the imagery. Garante Privacy enforces non compliance.

What support is available in Italy for screen recorded call?

Garante Privacy revenge porn fast track provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.garanteprivacy.it/revenge-porn.

Can a Italy victim also file a US TAKE IT DOWN Act notice?

Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Article 612-ter Codice penale and GDPR Article 17 (right to erasure) plus Codice Privacy.

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