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Abstract. This paper explores the evolving role of metadata and big data in criminal investigations, with a comparative analysis of legal frameworks in Europe, the United States, and China. It examines the dual potential of these data tools as instrumental in solving crimes and as sources of significant privacy risks. Particular attention is given to data retention laws, the European General Data Protection Regulation (GDPR), and the AI Act 2024, highlighting their implications for balancing privacy and investigative efficiency. The U.S. sectoral approach and China's robust yet state-focused privacy regulations are evaluated to underscore the global challenges and disparities in regulating big data. The paper critiques Italy's long metadata retention periods, in contrast with shorter durations in other EU countries, and advocates for reforms aligned with GDPR principles. Additionally, it addresses into the ethical and regulatory complexities posed by AI-driven investigative tools, including algorithmic biases and data ownership concerns. The study emphasizes the need for international regulatory harmonization to ensure that advancements in big data and AI uphold privacy and human rights while enhancing justice.

SOMMARIO: 1. Introduction to big data and metadata as tools for investigations. – 2, From metadata to big data: the role of data retention and the Italian framework. – 3. The discipline of log records under Italian law: the judicial oversight. – 4. Different answers in Europe, USA and China about AI, metadata and big data. – 4.1. Investigation through big data and algorithms under the provisions of GDPR 2016 and AI Act 2024. – 4.2. Big data and artificial intelligence for criminal investigation in the USA and China. – 5. Conclusions.

*Il presente lavoro è una versione rivista e aggiornata della relazione presentata dall'Autore nel corso dell' “International Workshop of Criminal Justice and Philosophy of Law. Time and Judgement”, tenutosi a presso l'Università di Messina dal 27 al 29 ottobre 2022.