Italy approves decree for EU AI Act, criminalising security flaws
Italy is implementing the EU AI Act into national law. The government has approved decrees limiting police biometric surveillance and introducing criminal liability for failures in AI security.

What happened?
The Italian government, via the Council of Ministers, has definitively approved two legislative decrees under Law no. 132/2025. The decrees implement the EU AI Act (EU 2024/1689) into Italian law. The first decree regulates the police's use of AI, limiting real-time biometric identification to exceptional cases requiring prior judicial authorisation. Additionally, article 437-bis is introduced into the Italian Penal Code, criminalising the failure to implement safety measures for high-risk AI systems.
Key facts
Why it matters
The regulation sets a sharp framework for how states may use AI technology for surveillance and law enforcement purposes. By introducing criminal liability and fines for inadequate security measures, the requirements are tightened significantly for actors handling high-risk AI, with the aim of protecting citizens' fundamental rights and personal privacy.
Who is affected?
The decision affects Italian law enforcement authorities and police organisations, as well as developers and providers of AI systems for high-risk and police applications. Citizens and stakeholders across the EU are also affected, as this sets a legal standard for how EU member states implement oversight and penalties linked to the AI Act.
Impact on the EU
The decrees represent a direct adaptation to the EU AI Act (EU 2024/1689). By stipulating strict exception rules for real-time biometric identification and designating the ACN and AgID as supervisory authorities, Italy demonstrates how EU member states are translating the AI Act’s overarching framework into national criminal and administrative law.
What else you should know
It remains to be seen how the strict requirements for prior judicial authorisation will function in practice for the Italian police. The legal development in Italy may serve as a precedent-setting model for other EU countries currently drafting their own national implementation laws for the AI Act.
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