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Law. 675 of 31 December 1996
Protection of persons and other subjects regarding the processing of personal data

CHAPTER I - GENERAL PRINCIPLES

Article 1. Purpose 'and definitions

1 . This law ensures that the processing of personal data will be processed respecting their rights , fundamental freedoms and dignity of natural persons, with particular reference to privacy and personal identity , also guarantees the rights of legal persons and any other corporation or association .
2 . For the purposes of this Act :
a) " data bank " means any set of personal data , divided into one or more units located in one or more sites , organized according to a number of principles that are easy to follow;
b) " processing" means any operation or set of operations, carried out with or without the aid of electronic or automated means , concerning the collection , recording, organization, storage , processing, modification, selection , extraction, comparison, use , interconnection, blocking, communication, dissemination , erasure and destruction of data ;
c) "personal data ", any information concerning a natural person , legal person, entity or association, identified or identifiable, even indirectly, by reference to any other information including a personal identification number ;
d) " holder" means the natural person , legal person , public administration or any other institution, association or body responsible for decisions regarding the purposes and methods of processing of personal data , including aspects of safety;
e) " responsible" means any natural person , legal person , public administration or any other organization, association or organization designated by the owner to the processing of personal data;
f) " interested " means any natural person , legal person , entity or association to whom the personal data refer ;
g) " communication", the giving knowledge of personal data to one or more persons other than the, in any form, including by making them available for consultation;
h) the term "diffusion" , the giving knowledge of personal data to undetermined people , in any form, including by making them available for consultation;
i) " anonymous data" , the data that originally , or following treatment , can not be associated to an identified or identifiable individual;
l) " block " means the conservation of personal data by temporarily suspending any other processing operation ;
m) " Guarantor " means the authority established under Article 30.

Section 2. Scope

1. This law applies to the processing of personal data carried out by anyone in the State.
1-bis.1 This law also applies to the processing of personal data carried out by anyone who is established in the territory of a country outside the European Union and employed for the treatment, means located within the territory of the State also other than electronic or automated, except that they are used only for purposes of transit through the territory of the European Union.
1-ter.1 In the cases referred to in paragraph 1-bis of the holder established in the territory of a country outside the European Union shall designate for the purposes of this Act a representative established in the territory of the State.
1 Commi added by art. 1, paragraph 2, of the legislative decree December 28, 2001, n. 467.

Section 3. Data processing for exclusively personal purposes

1. The processing of personal data carried out by individuals for personal purposes is not subject to the application of this Act, provided that the data are not intended for systematic communication or dissemination.
2.2Al treatment referred to in paragraph 1 shall apply in all cases to the provisions on data security referred to in Article 15 and Article 18.
2 Subsection amended by art. 2 d.lg. December 28, 2001, n. 467.

Section 4. Special treatment in the public sector

1 . This law does not apply to the processing of personal data :
a) from the Data Processing Centre in Article 8 of the Law of 1 April 1981 , n . 121 , as amended by Article 43 , paragraph 1, of this Act, or on the data intended to confluirvi according to the law, and by virtue of the accession to the Convention implementing the Schengen Agreement, implemented by law 30 September 1993, n . 388 ;
b ) by the bodies referred to in Articles 3, 4 and 6 of the Act of 24 October 1977 n . 801, or on the data covered by state secrecy pursuant to Article 12 of the Act ;
c ) as part of the judicial service under Title IV of the tenth book of the Criminal Procedure Code and the Royal Decree of 18 June 1931 no. 778, as amended, or under the law , in the service of pending proceedings in criminal matters;
d) pursuant to Article 371- bis, paragraph 3 , of the Code of Criminal Procedure , or for reasons of justice , in the context of judicial offices, the Supreme Judicial Council and the Ministry of Justice ;
e) other public entities for purposes of defense or state security or the prevention, detection or prosecution of criminal offenses , according to the express provisions of the law that specifically provide treatment.
2 . For the treatments referred to in paragraph 1 shall apply in every case the provisions of Articles 9, 15, 17, 18, 31, 32, paragraphs 6 and 7 and 36, and , with the exception of the treatments referred to in point b ) paragraph 1 , the provisions of articles 7 and 34.

Section 5. Data treatment without the help of electronic means

1. The processing of personal data carried out without the aid of electronic or automated means is subject to the same rules applicable to the processing carried out with the aid of such means. Article 6. Treatment of data held abroad

1. The treatment in the State of the personal data held abroad is subject to the provisions of this Act.
2. If the treatment referred to in paragraph 1 shall consist of a transfer of personal data outside the national territory shall apply in any case the provisions of Article 28.

CHAPTER II - OBLIGATIONS FOR THE PROCESSOR

Section 7. notification

1.4Il holder who intends to proceed with the processing of personal data subject to the scope of this Act is required to give notification to the Guarantor if the treatment , by reason of its nature or mode of personal data, is likely to adversely affect the rights and freedoms of the person concerned , and only in the cases and in the manner identified with the regulation referred to in Article 33, paragraph 3 .
2.5La notification shall be given in advance and only once, by means of a registered letter or other suitable means to certify the reception , regardless of the number of operations to be performed, as well as the duration of treatment and may relate to one or more treatments for related purposes . A new notification is required only if mute any of the items that must be specified and must precede the execution of the change .
3 . The notification shall be signed by the notifier and from the controller .
4 . The notification shall include :
a) the name , the name or business name and domicile, residence or office of the holder;
b) the purposes and methods of treatment;
c) the nature of the data, the place where they are kept and categories of affected persons to whom the information relates;
d ) the field of communication and dissemination of data ;
e) proposed transfers of data to countries outside the European Union or if they target some of the data referred to in Articles 22 and 24 , outside the national territory ;
f) a general description allowing to assess the adequacy of the technical and organizational measures taken for the security of the data;
g) an indication of the database or databases to which the treatment , and the possible connection with other treatments or databases, even outside the national territory ;
h ) 6The name , the name or business name and domicile, residence or office of the representative of the owner in the state and at least one person , to be given in person as may be designated for the purposes of Article 13 , in no such mention shall be deemed responsible for the notifier ;
i) the quality and legitimacy of the notifier.
5 . Individuals required to enroll or to be entered in the register of companies referred to in Article 2188 of the Civil Code , as well as those who must give the information referred to in Article 8 , paragraph 8, letter d ) of the Law December 29, 1993 , n . 580 , chambers of commerce, industry, trade and agriculture , may effect service by means of the latter, according to the procedures laid down in Regulation referred to in Article 33, paragraph 3 . Small business owners and artisans can make the notification also through representatives of their class , students enrolled in the professional also through their respective professional associations. In any case, stop the provision referred to in paragraph 3 .
5 - bis.7La notification in a simplified form may not contain any of the items referred to in paragraph 4, letter b ), c) , e) and g ) , identified by the Guarantor under the regulation referred to in Article 33, paragraph 3 , when the treatment is carried out :
a) by public entities, excluding public economic entities on the basis of an express provision of law under Articles 22, paragraph 3 and 24, ie the measure referred to in that Article 24;
b ) the exercise of the journalistic profession and for the exclusive purposes related thereto , or by the persons referred to in paragraph 4-bis of Article 25 in respect of the code of conduct referred to in that Article ;
c) temporarily without the aid of electronic or automated means , for the purpose and in the manner closely related to the internal organization of the activity exercised by the holder , in relation to data not stored in a database and other than those referred to in articles 22 and 24;
c-bis ) 8to historical purposes , scientific research and statistical purposes in compliance with laws , regulations, Community legislation and codes of ethics and good conduct signed in accordance with Article 31.
5 - ter.7Fuori of the cases referred to in Article 4 , the treatment is not subject to notification when
a) is necessary for the performance of a duty required by law , regulation or legislation , with respect to data other than those mentioned in Articles 22 and 24;
b) relates to data contained in or obtained from public registers, lists , deeds or documents available to anyone , subject to the limits and procedures laid down in Article 20 , paragraph 1, letter b);
c ) is carried out exclusively for purposes of the Protocol, concerning the data required for classification of correspondence sent for purposes other than those referred to in Article 13 , paragraph 1, letter e) , with particular reference to general information and contact details of concerned, their qualifications and the organization to which they belong ;
d ) relates to phone books or similar , not intended for dissemination , used only for official business and work, and in any case for purposes other than those referred to in Article 13 , paragraph 1, letter e);
e) is intended solely to the fulfillment of specific accounting requirements, salary, pension , welfare and taxes , and is made ​​with reference only to the categories of data concerned, and the recipients of the communication and distribution are closely linked to this requirement , while preserving the data not beyond the period necessary to fulfill the same ;
f) shall be made, except as provided in paragraph 5-bis , letter b ) , by freelancers registered in professional rolls or lists , only for the purposes strictly related to the fulfillment of specific performance, without prejudice to the obligation of professional secrecy ;
g ) is carried out by small entrepreneurs referred to in Article 2083 of the Civil Code only for the purposes strictly related to the performance of professional activity , and those categories of data, interested, recipients of the communication and dissemination , and the period of storing the data necessary for the achievement of the objectives thereof;
h ) is aimed at keeping lists or professional clients in accordance with applicable laws and regulations;
i) is made ​​exclusively for purposes of the management of libraries, museums and exhibitions, in accordance with applicable laws and regulations, or for the organization of cultural or sporting events or for the formation of catalogs and bibliographies ;
l) is carried out by associations, foundations , committees also a political, philosophical, religious or trade union, or by their representative bodies , established for non-profitable purposes and for the pursuit of legitimate aims , in relation to data relating to members and stakeholders in connection with such purposes have regular contact with the association, foundation, committee or body , subject to the disclosure obligations of the parties and acquisition of consent , where necessary;
m ) is carried out by voluntary organizations of the Law of 11 August 1991 no. 266 , within the limits referred to in subparagraph l) and in compliance with authorizations and legal requirements laid down in Articles 22 and 23;
n) is carried out temporarily and is intended solely for the publication or dissemination of occasional articles, essays and other intellectual works , in compliance with the code of conduct referred to in Article 25;
o) is carried out , including by electronic means or anyway computerized ones , for the preparation of periodic publications whose purpose or legal information , with respect to data derived from measures of the judicial or other authority ;
p) is temporarily made ​​exclusively for the purpose of collecting of proposals for law of popular initiative , to petitions for referenda , petitions or appeals ;
q) is intended solely to the administration of condominiums in Article 1117 and following of the Civil Code , limited to the categories of data concerned, and the recipients of the communication necessary for the administration of the common property , preserving the data no later than period necessary for the protection of the rights thereof ;
q -bis) 9è included in the national statistics program , or acts of statistical programming provided by law and shall be effected in accordance with applicable laws , regulations, Community legislation and codes of ethics and good conduct signed in accordance with Article 31.
5 - c . 7The owner may make use of the simplified notification or exemption referred to in paragraphs 5 - a and 5 - b , provided that the processing relates solely to the purposes, the categories of data concerned, and the recipients of the communication and dissemination , identified , together with the retention period of the data , by the same paragraphs 5 - a and 5 - b , as well as
a) in the cases referred to in paragraphs 5 bis, letter a) and 5 -ter, letters a) and m) the provisions of law or regulation or legislation mentioned therein ;
b) in the case referred to in paragraph 5-bis , letter b) of the code of ethics therein ;
c) in the remaining cases , the authorizations granted by the Guarantor in accordance with the procedures provided for in Article 41 , paragraph 7, that is, for data other than those referred to in Articles 22 and 24 , with similar action.
5 - d . 7The holder that takes advantage of the exemption referred to in paragraph 5- ter must provide the information referred to in paragraph 4 to anyone who requests it .
3 With regard to this article, it should be recalled that Article . 3 , paragraph 4, of legislative decree December 28, 2001 , n . 467, provides as follows : " The provisions of Article 7, paragraphs 3, 4 , 5, 5 -bis, 5-ter , 5 - c and 5 - d , 13, paragraph 1, lett . B ) and 28 , paragraph 7 of the Law of 31 December 1996, no . 675 are repealed with effect from the date of entry into force of the amendments made ​​to the Regulation referred to in Article 33, paragraph 3 , of the Act pursuant to paragraph 1 of this Article . "search 4 Subsection amended by art. 3 , paragraph 1, of legislative decree December 28, 2001 , n . 467 .
5 Subsection amended by art. 3 , paragraph 2, d.lg28 December 2001 , n . 467 .
6 Letter as amended by art. 3 , paragraph 3, of legislative decree December 28, 2001 , n . 467 . According to art. 24 , paragraph 1, of that legislative decree , the provision in question shall apply with effect from 1 March 2002.
7 Commi added by art. 1 , paragraph 1, of legislative decree July 28, 1997 , n . 255.
8 Letter inserted by art. 2 , paragraph 1, lett . a) d.lg. July 30, 1999 , n . 281 .
9 Letter inserted by art. 2 , paragraph 1, lett . b) d.lg. July 30, 1999 , n . 281 .

Article 8. responsible

1. The manager, if appointed, shall be appointed from among persons who experience, capacity and reliability provide sufficient guarantees full compliance with the applicable provisions of treatment, including aspects related to security.
2. The person responsible for the processing proceeds to the instructions received from the owner who, even through periodic audits, monitors strict compliance with the provisions of paragraph 1 and its instructions.
3. Where necessary for organizational purposes, may be designated several entities, including through division of labor.
4. The tasks assigned to the person responsible must be detailed in writing.
5. The processors must process the personal data to which they have access by following the instructions in the owner or manager.

CHAPTER III - THE PROCESSING OF PERSONAL DATA

Section I - DATA COLLECTION AND REQUIREMENTS

Section 9. How we collect and requirements of personal data

1 . Personal data undergoing processing shall be :
a) processed lawfully and fairly;
b) collected and recorded for specific , explicit and legitimate purposes and used in other processing operations in ways that are incompatible with those purposes;
c) accurate and, where necessary, updated;
d ) adequate, relevant and not excessive in relation to the purposes for which they were collected or subsequently processed;
e) kept in a form which permits identification of data for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed .
1 - bis.10Il processing of personal data for historical, statistical or scientific research is compatible with the purposes for which the data were collected or subsequently processed , and can also be carried out over the period necessary to these purposes. < Br > 10 Subsection added by art. 3 d.lg. July 30, 1999 , n . 281 .

Article 10. Information provided at the time of collection

1.11L ' interested party or the person from whom the personal data are collected should be informed orally or in writing about:
a) the purposes and modalities of the processing for which the data are intended ;
b) the obligatory or voluntary nature of providing the requested data;
c) the consequences of a refusal to answer;
d) the subjects or categories of subjects to whom personal data may be disclosed and the scope of dissemination of said data
e) the rights referred to in Article 13;
f) 12THE name , the name or business name and domicile, residence or office of the owner, his representative in the State territory and at least one person , to be given in person as may be designated for the purposes of Article 13 , indicating the site of the communication network or the methods by which it is otherwise easily accessing the updated list of those responsible.
2 . The information referred to in paragraph 1 may not include elements already known to the person providing the information or knowledge, which may hinder the performance of public inspection or control , carried out for the achievement of the objectives referred to in Articles 4 , paragraph 1, letter e) , and Article 14 , paragraph 1, letter d).
3 . When personal data are not collected from the data subject , the information referred to in subsection 1 shall be subject at the time of recording such data or, if their communication is envisaged , no later than the first communication.
4.13La provision referred to in paragraph 3 shall not apply when the information to the data involves the use of means that the Guarantor declares manifestly disproportionate to the protected right, or proves , in the opinion of the Guarantor , or in case the data are processed in compliance with an obligation imposed by law , regulation or legislation . The same does not apply also when the data are processed either for carrying out the investigations by defense counsel as per Law of 7 December 2000, n . 397, or at least to assert or defend a legal claim , provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor .
11 Paragraph amended by art. 1 d.lg. May 9, 1997 , n . 123 .
12 Letter as amended by art. 4 of legislative decree December 28, 2001 , n . 467 . According to art. 24 , paragraph 1, of that legislative decree , the provision in question shall apply with effect from 1 March 2002.
13 Subsection amended by art. 19 of legislative decree December 28, 2001 , n . 467 .

CHAPTER III - THE PROCESSING OF PERSONAL DATA

Section II - RIGHTS OF THE DATA PROCESSING

Article 11. consensus

1. The processing of personal data by private or public companies is permitted only with the express consent of the person concerned.
2. The agreement may cover the entire treatment or one or more of the same.
3. The consent is validly given if it is given freely, in the form specified and documented in writing, and if you have been provided with the information referred to in Article 10.

Article 12. Grounds for exclusion of consent

1 . Consent is not required when treatment :
a) relates to data collected and held in accordance with an obligation imposed by law , regulation or legislation ;
b ) 14e necessary for the execution of an obligation arising from a contract to which it is a party, or for the implementation of pre-contractual measures taken at the request of the latter, or for the fulfillment of a legal obligation ;
c) involves data from public registers, lists , deeds or documents available to anyone ;
d) 15E aimed solely for purposes of scientific research or statistics and is carried out in compliance with codes of ethics and good conduct signed in accordance with Article 31;
e) 16E performed in the exercise of the journalistic profession and for the exclusive purposes related thereto . In this case , it applies ilcodice of conduct referred to in Article 25;
f ) concerns data relating to the conduct of economic activities also collected for the purposes specified in Article 13 , paragraph 1, letter e) , in compliance with current legislation on business and industrial secrecy ;
g ) is necessary for the preservation of life or bodily integrity , or a third party, in the event that the subject can not give consent because of physical incapacity or inability to act of understanding or to want ;
h ) 17è necessary for carrying out the investigations by defense counsel as per Law of 7 December 2000, n . 397, or at least to assert or defend a legal claim , provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor ;
h- ea) 18è necessary, in cases identified by the Commissioner on the basis of the principles laid down by law, pursue a legitimate interest of the owner or a third party recipient of the data , if not overridden by the rights and fundamental freedoms, dignity or legitimate interest of the person concerned .
14 Letter as amended by art. 5 , paragraph 1, d.lg28 December 2001 , n . 467 .
15 Letter as replaced by art. 4 , paragraph 1, of legislative decree July 30, 1999 , n . 281 .
16 Letter as amended by art. 12 , paragraph 1, of legislative decree May 13, 1998 , n . 171 .
17 Letter as amended by art. 19 of legislative decree December 28, 2001 , n . 467 .
18 Letter inserted by art. 5, paragraph 2, of the legislative decree December 28, 2001 , n . 467 . Pursuant to art. 24 , paragraph 2, of this decree , " Implementing the provisions of Articles 5, paragraph 2 , and 9 are adopted , on first application of this Decree , within one hundred twenty days from 1 October 2002. "

Article 13. Rights of 'interested

1 . In regard to the processing of personal data subject has the right:
a) to know , through free access to the register referred to in Article 31 , paragraph 1, letter a), the existence of personal data concerning him ;
b) to be informed according to Article 7 , paragraph 4, letters a), b ) and h) ;
c) to obtain from the owner or the person responsible , without delay:
1) confirmation of the existence or not of personal data concerning him, even if not yet recorded, and communication in an intelligible form of the data and of their origin , and the logic and purposes upon which the treatment is based , the request may be renewed, unless there are justified reasons, after not less than ninety days ;
2 ) the erasure, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
3) the updating , rectification or , where interested therein , integration of data;
4 ) certification that the operations mentioned in items 2 ) and 3) have been notified , as also related to their contents , to those to whom the data were communicated or disseminated, except where this requirement proves impossible or involves a use of means manifestly disproportionate to the protected right;
d) to oppose, in whole or in part , for legitimate reasons , the processing of personal data , pertinent for collection purposes ;
e) to oppose , in whole or in part, to the processing of personal data concerning him for purposes of commercial information or sending advertising materials or direct selling or for carrying out market research or interactive commercial communication and to be informed by the owner , not later than the time at which the data is communicated or diffused, of the possibility of freely exercising this right .
2 . For each request referred to in paragraph 1, letter c) , number 1) , it may be asked, if not confirmed the existence of data concerning him, a fee not exceeding the costs actually incurred, according to the manner and within the limits established by regulations referred to in Article 33, paragraph 3 .
3 . The rights referred to in paragraph 1 in relation to personal data concerning deceased persons may be exercised by anyone who is interested.
4 . In the exercise of the rights referred to in paragraph 1 subject may grant, in writing , by delegation or proxy to physical persons or associations.
5 . The regulations on the professional secrecy of the profession of journalism, the only source of news. Article 14 . Limits on the exercise of rights < / p>

1. The rights referred to in Article 13 , paragraph 1, letters c ) and d) may not be exercised in respect of the processing of personal data collected
a) in accordance with the provisions of the Decree - Law of 3 May 1991, n. 143, converted with amendments by Law 5 July 1991, n . 197 , as amended;
b ) in accordance with the provisions of the Decree - Law of 31 December 1991 no. 419, converted, with amendments, by Law of 18 February 1992, no . 72 , as amended;
c ) by parliamentary Inquiry Committees set up under Article 82 of the Constitution;
d) a public entity , other than the government-owned businesses , according to an express provision of law, exclusively for purposes related to monetary policy , the system of payments , control of brokers and credit and financial markets and the protection of their stability ;
e) pursuant to Article 12 , paragraph 1, letter h ), limited to the period during which it could lead to injury to the conduct of investigations or for the exercise of the right referred to in that letter h ) ;
e- bis ) 19Attractions providers of telecommunications services to the public , limited to personal identification data of incoming telephone calls , unless this may be prejudice to the conduct of investigations by defense counsel as per Act 7 December 2000, n . 397 .
2 . In the cases referred to in paragraph 1, the Guarantor, including a report submitted pursuant to Article 31 , paragraph 1, letter d) , performs the necessary inquiries in the manner referred to in Article 32, paragraphs 6 and 7 , and indicates necessary changes and additions , and monitoring of implementation.
19 Letter inserted by art. 6 d.lg. December 28, 2001 , n . 467 .

CHAPTER III - THE PROCESSING OF PERSONAL DATA

Section III - SAFETY DATA PROCESSING, TO THE EXTENT APPLICABILITY 'DATA AND DAMAGES

Article 15. Security of data

1 . Personal data undergoing processing shall be kept and controlled , even in relation to knowledge on the basis of technical progress, the nature of the data and the specific characteristics of the treatment , in order to reduce to a minimum, through the adoption of suitable and preventative security measures, the risks of destruction or loss, even accidental , of data, unauthorized access or treatment not allowed or inconsistent with the purposes of the collection.
2 . The minimum safety measures to be taken are identified in advance by a regulation adopted by decree of the President of the Republic , in accordance with Article 17 , paragraph 1, letter a) of the Law of 23 August 1988, no . 400 , within one hundred and eighty days from the date of entry into force of this Act , upon the proposal of the Minister of Justice, after consulting the Authority for Information Technology in Public Administration and the Guarantor.
3 . The security measures referred to in paragraph 2 shall be adjusted , within two years from the date of entry into force of this Act and thereafter at least every two years , with subsequent regulations issued in the manner referred to in that paragraph 2, in relation to the evolution technology industry and the experience gained .
4 . The security measures relating to data processed by the bodies referred to in Article 4 , paragraph 1, letter b ) , are established by decree of the President of the Council of Ministers in compliance with the rules governing the matter.

Article 16. Cessation of treatment data

1 . In the event of termination , for any reason, the processing of data , the holder must provide advance notice to the Guarantor to their destination.
2 . The data can be :
a) destroyed ;
b ) transferred to another holder, provided are intended for processing for purposes similar to the purposes for which the data are collected ;
c) kept for exclusively personal purposes and not intended for systematic communication or dissemination;
c-bis ) 20conservati or transferred to another owner, for historical, scientific research and statistical purposes, in accordance with law , regulations, Community legislation and codes of ethics and good conduct signed in accordance with Article 31.
3 . The transfer of data in violation of the provisions of point b ) of paragraph 2 or of other provisions of law relating to processing of personal data is null and is punished under Article 39 , paragraph 1.
20 Letter inserted by art. 5 of legislative decree July 30, 1999 , n . 281 .

Article 17. Limits the usability of personal data

1. No judicial or administrative act or measure involving the assessment of human behavior may be based solely on automated processing of personal data in order to define the profile or personality.
2. The interested party may challenge any other type of decision taken on the basis of the treatment referred to in paragraph 1 of this Article, pursuant to Article 13, paragraph 1, letter d), except that the decision was adopted at the conclusion or execution of a contract, in response to a proposal from the person concerned or on the basis of adequate safeguards by law.

Article 18. Damage caused due to the processing of personal data

1. Anyone who causes damage to others due to the processing of personal data is required to pay damages pursuant to Article 2050 of the Civil Code.

CHAPTER III - THE PROCESSING OF PERSONAL DATA

Section IV - COMMUNICATION AND DISSEMINATION OF DATA

Article 19. Charge of the treatment

1. It is not considered the communication of personal data by the knowledge of the persons responsible for writing to perform the data processing operations by the owner or person in charge, and who operate under their direct authority.

Article 20. Requirements for communication and dissemination of data

1 . The communication and dissemination of personal information by private and public economic entities are allowed:
a) with the consent of the person concerned ;
a-bis ) 21qualora are necessary for the execution of an obligation arising from a contract to which it is a party, or for the implementation of pre-contractual measures taken at the request of the latter ;
b ) if the data comes from public registers, lists, deeds or documents available to anyone , subject to the limits and procedures that the laws and regulations to determine their knowledge and publication ;
c ) in fulfillment of an obligation imposed by law , regulation or legislation ;
d) 22nell'esercizio of the journalism profession and for the exclusive purposes related thereto . Remain unchanged the limits of freedom of the press seats to protect the confidentiality and completeness of information about particular facts of public interest . It also applies to the code of conduct referred to in Article 25;
e) if the data are related to development of economic activities, in compliance with current legislation on business and industrial secrecy ;
f ) to the extent necessary for the protection of life or bodily integrity , or a third party, in the event that the subject can not give consent because of physical incapacity or inability to act of understanding or want ;
g ) 23limitatamente communication, if this is necessary for carrying out the investigations by defense counsel as to the Law of 7 December 2000, n . 397, or at least to assert or defend a legal claim , in compliance with the regulations referred to in subparagraph e) of this paragraph , provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor ,
h ) only to the disclosure , when this is carried out within banking groups referred to in Article 60 of the Consolidated Law on Banking and Credit approved by Legislative Decree 1 September 1993, n. 385, and between subsidiaries and associates pursuant to Article 2359 of the Civil Code , whose treatments for related purposes have been notified under Article 7 , paragraph 2, for the same purposes for which the data are were collected ;
h- ea) 24limitatamente communication, when it is necessary , in the cases identified by the Commissioner on the basis of the principles laid down by law, pursue a legitimate interest of the owner or a third party recipient of the data , if not overridden by the rights and fundamental freedoms the dignity or legitimate interest of the person concerned .
2 . Communication and dissemination of personal data by public entities, excluding public economic entities , the provisions of Article 27.

Article 21. Prohibition of disclosure and dissemination

1 . Are prohibited communication and dissemination of personal data for purposes other than those specified in the notification referred to in Article 7 .
2 . They are also prohibited communication and dissemination of personal data of which has been ordered cancellation, or when it is after a period of time specified in Article 9 , paragraph 1, letter e).
3 . The Guarantor may prohibit the distribution of any of the data relating to individual subjects or categories of subjects, when the spread is at odds with important interests of society . Against the ban may be challenged pursuant to Article 29 , paragraphs 6 and 7.
4 . The communication and dissemination of the data are, however, permitted :
a) 25qualora are necessary for purposes of scientific research or statistics and are carried out in compliance with codes of ethics and good conduct signed in accordance with Article 31;
b ) where it is required by the person referred to in Article 4 , paragraph 1, letters b), d ) and e) , for purposes of defense or state security or the prevention, detection or prosecution of criminal offenses , in compliance with the rules governing the matter.

CHAPTER IV - DATA PROCESSING DETAILS

Article 22. sensitive Data

1 . The personal data allowing the disclosure of racial or ethnic origin , religious , philosophical or other beliefs, political opinions, membership of parties, unions, associations or organizations of a religious , philosophical, political or trade union membership and personal data disclosing health and sex life may be processed only with the written consent and approval of the Guarantor .
1 - bis.27Il paragraph 1 shall not apply to data relating to members of religious denominations whose relations with the state are governed by agreements or arrangements pursuant to Articles 7 and 8 of the Constitution , as well as relative to persons with reference to the aims of exclusively religious nature have regular contact with the same denominations , which are processed by the relevant organizations or bodies legally recognized , provided that the data are not disclosed or distributed outside those confessions. The latter determine suitable safeguards with regard to the treatments carried out.
1 - ter.28Il paragraph 1 shall not apply also to data on the membership of associations or organizations of a trade union or other category of associations, organizations or confederations of trade unions or category.
2 . The Guarantor shall communicate the decision on the request for authorization within thirty days, after which the failure to rule is tantamount to rejection. With the provision of authorization, or subsequently , on the basis of any audits , the Guarantor may prescribe measures and precautions to safeguard the person concerned, the data controller is required to take .
3.29Il treatment of the data referred to in paragraph 1 by public entities, excluding public economic entities , is permitted only if expressly authorized by law , which specifies the data that can be processed , the operations performed and the important purpose of public interest pursued . In the absence of express provision of law , and except in the cases provided for by the enactment of amendments to those provisions of this Act, regulations implementing the Law of 31 December 1996, no . 676, public entities may require the Guarantor , pending legislative specification , the identification of activities , including those mandated by law to the same parties , which pursue important aims of public interest and for which it is therefore authorized under subsection 2 , the processing of data referred to in paragraph 1.
3 - bis.30Nei cases where specified, in accordance with paragraph 3 , the purpose of overriding public interest , but does not specify the data types and operations executables, public entities, in accordance with the provisions of this Act and by legislative decrees implementing the Law of 31 December 1996, no . 676, relating to sensitive data , identify and make public , according to their respective jurisdictions, data types and operations are closely relevant and necessary to the purposes sought in the individual cases , updating that periodically identification .
4.31I personal data referred to in paragraph 1 may be processed prior authorization of the Guarantor:
a) if the processing is carried out by associations, organizations or non-profit organizations , whether recognized or not , of a political , philosophical, religious or trade union, including political parties and movements , denominations and religious communities, for the pursuit of lawful fnalità in relation to the personal data of members or persons in relation to such purposes have regular contact with the association , entity or body , provided that the data are not disclosed or distributed outside of its scope and organization , association or the body determine suitable safeguards with regard to the treatments carried out;
b) if the processing is necessary for the preservation of life or bodily integrity , or a third party, in the event that the subject can not give consent because of physical incapacity or inability to act of ' understand or want ;
c) if the processing is necessary for carrying out the investigations by defense counsel as to the Law of 7 December 2000, n . 397 , or at least to assert or defend a legal claim , of rank equal to that of the person concerned when the data are suitable for disclosing health and sex life , provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor . The Guarantor shall prescribe the measures and precautions referred to in paragraph 2 and promotes the signing of a code of ethics and good conduct in the manner referred to in Article 31 , paragraph 1, letter h ) . It is understood the provisions of Article 43 , paragraph 2 .
26 As regards the present article, attention is drawn to the provisions of Article 17 (" Protection of health " ) of the legislative decree May 11, 1999 , n . 135 , entitled " Supplementary Provisions of the Law of 31 December 1996, no . 675 , on the treatment of sensitive information by the public ."

Article 23. Data pertaining to the health

1 . The health care professionals and public health care bodies may , without the authorization of the Guarantor, process personal data disclosing health status , limited to data and operations essential to the pursuit of the objective of protecting the physical and health of the person concerned . If the same purposes relating to a third party or the community, in the absence of consent, the treatment can be carried out with the authorization of the Guarantor.
1 - bis.33Con decree of the Minister of Health adopted pursuant to Article 17, paragraph 3 , of the Law of 23 August 1988, no . 400 , feel the Permanent Conference for relations between the State , the regions and the autonomous provinces of Trento and Bolzano and the Guarantor, simplified procedures are identified for the information referred to in Article 10 and for the provision of consent against organizations public health , health care bodies and health care professionals affiliated or accredited by the national Health Service , as well as for the treatment of the data by the same parties , on the basis of the following criteria :
a) provision of information carried by a single entity , in particular by the general practitioner chosen by the person concerned , on behalf of the holders of more treatment ;
b ) the validity, against the holders of more treatment , the consent given in accordance with Article 11 , paragraph 3, on behalf of several owners of treatment, even with regard to the demand for specialist services , prescription drugs , the collection of data by the general practitioner held by other holders , and the plurality of medical care provided by the same owner of the treatment;
c) identification of cases of emergencies, in which , partly as a result of the situations listed in paragraph 1-ter , the disclosure and consent may intervene after the request for the service;
d ) provision of rules for the application of paragraph 2 of this Article to health professionals other than doctors, who maintain direct relationships with patients ;
e) provision of measures aimed at ensuring that the organization of services and benefits are guaranteed the respect of the rights referred to in Article 1.
1 - ter.33Il decree referred to in paragraph 1 shall also govern the provisions of Article 22, paragraph 3 -bis of the Act.
1 - quater.33In case of inability to act , or to physical impossibility or inability to understand or want , consent to the processing of data disclosing health status is validly expressed towards health care professionals and organizations health , respectively , by whom his legal guardian or by a family member, a spouse , a domestic partner , or , in their absence, by the head of the institution where dwell .
2.34I personal data disclosing health may be disclosed to the person or persons referred to in paragraph 1-ter only through a doctor appointed by or by the owner.
3 . The authorization referred to in paragraph 1 shall be granted, except in cases of special urgency , after consulting the Board of Health . It ' not permitted to disclose the data obtained beyond the limits fixed by the authorization .
4 . The spread of data disclosing health status is prohibited, except in cases where it is necessary for purposes of prevention, detection or prosecution of criminal offenses , in compliance with the rules governing the matter.

Article 24 . Data relating to the measures referred to in Article 686 of the Code of Criminal Procedure

1. The processing of personal data disclosing the measures referred to in Article 686, Paragraph 1 , letters a ) and d) , 2 and 3 of the Code of Criminal Procedure, shall be permitted only if expressly authorized by law or provision of the Guarantor that specifying the relevant public interest purposes of the processing, the categories of processed data and the precise authorized operations.

Article 24-bis. Other special data

1 . The processing of data other than those referred to in Articles 22 and 24, which present specific risks to the rights and fundamental freedoms, and for the dignity of the person concerned , in relation to the nature of the data or methods of processing or effects that may determine , shall be permitted in respect of measures and precautions to safeguard the person concerned, as appropriate .
2 . The measures and precautions referred to in paragraph 1 shall be prescribed by the Guarantor on the basis of the principles enshrined in the law as part of a preliminary check at the beginning of treatment , carried out in relation to certain categories of holders or treatments, based on any questioning of the owner .
35 Article added by art. 9 d.lg. December 28, 2001 , n . 467 . Pursuant to art. 24 , paragraph 2, of this decree , " Implementing the provisions of Articles 5, paragraph 2 , and 9 are adopted , on first application of this Decree , within one hundred twenty days from 1 October 2002. "

Article 25. Treatment of specific data exercising the profession of journalist

1.36Le provisions relating to consent and authorization of the Guarantor and the limit stipulated in Article 24 shall not apply where processing of the data referred to in Articles 22 and 24 shall be made in the exercise of the profession of journalist and for the exclusive purposes related thereto . A journalist respects the limits of the freedom of the press , in particular the completeness of information about events of public interest , subject to the possibility of processing data relating to acts or circumstances disclosed by the person directly or through their behavior in public.
2.37Il Guarantor promotes, in the manner referred to in Article 31 , paragraph 1, letter h), the adoption by the National Council of Journalists , of a code of ethics for the treatment of the data referred to in paragraph 1 of this Article made ​​in the exercise of the profession of journalist , providing measures and precautions to safeguard data subjects rapportate to the nature of the data , in particular with regard to those disclosing health and sex life . In the training phase of the code, or thereafter, the Guarantor in cooperation with the Council , prescribes measures and provisions to safeguard data subjects , which the Council is required to implement . The Code is published in the Official Gazette by the Guarantor, and shall take effect fifteen days after its publication.
3 . If, within six months after the proposal of the Guarantor the code of conduct referred to in paragraph 2 has not been adopted by the National Council of the Order of Journalists, it is adopted in its stead by the Guarantor and is effective until the adoption of a different code according to the procedure referred to in paragraph 2 . In case of violation of the provisions of the code of ethics , the Guarantor may prohibit treatment under Article 31 , paragraph 1, letter l).
4.38Nel code referred to in paragraphs 2 and 3 are inserted also requirements concerning personal data other than those mentioned in Articles 22 and 24. The code may provide simplified forms for the information referred to in Article 10 .
4 - bis.39Le provisions of this Act that relate to the profession of journalist also apply to treatments carried out by the persons on the list of publicists or in the register of practitioners referred to in Articles 26 and 33 of Law 3 February 1963 , n . 69 , as well as temporary treatments aimed exclusively at the occasional publication of articles, essays and other intellectual works .

Article 26. Data concerning legal persons

1. The treatment and the termination of the processing of data concerning legal persons, bodies or associations are not subject to notification.
2. The data concerning legal persons, bodies or associations do not apply the provisions of Article 28.

CHAPTER V - TREATMENTS ARE SUBJECT TO A SPECIAL SCHEME

Article 27. Treatment by public

1 . Except as provided in paragraph 2, the processing of personal data by public entities, excluding public economic entities , is permitted only for the performance of official duties , within the limits established by law and regulations .
2 . The communication and dissemination to public , excluding government-owned businesses , the data processed are permitted when they are permitted by law or regulation, or are in any case necessary for the performance of official duties . In the latter case, it must be given prior notice in the manner referred to in Article 7 , paragraphs 2 and 3 of the Guarantor which prohibits a reasoned decision , communication or distribution if they are violated the provisions of this Act.
3 . The communication and dissemination of personal information by public bodies to private or public economic entities are permitted only if provided for by law or regulation.
4 . The criteria for the organization of the public authorities referred to in Article 5 of Legislative Decree February 3, 1993 , n . 29 , shall be implemented in full compliance with the provisions of this Act.

Article 28. Transfer of personal data abroad

1.40Il including temporary transfer outside the national territory , in any form or medium , of personal data undergoing processing shall be previously notified to the Guarantor , if it is directed to a country outside the European Union and since one of the cases identified under ' Article 7 , paragraph 1.
2 . The transfer can only take place after fifteen days from the date of notification , the term is twenty days if the transfer involves any of the data referred to in Articles 22 and 24.
3.41Il transfer is prohibited if the laws of the State of destination or transit of the data does not ensure an adequate level of protection for individuals . They also assessed the modalities of the transfer and of the treatments provided , its purpose , the nature of the data and safety measures .
4 . The transfer is still permitted if:
a) the data subject has given his consent or, if the transfer involves any of the data referred to in Articles 22 and 24 in writing ;
b ) 42sia necessary for the execution of an obligation arising from a contract to which it is a party, or for the implementation of pre-contractual measures taken at the request of the latter, or for the conclusion or performance of a contract entered into in favor of the person concerned ;
c) it is necessary to safeguard an important public interest identified by law or regulation , or specified pursuant to Article 22, paragraph 3 and 24, if the transfer involves any data therein;
d) 43sia necessary for carrying out the investigations by defense counsel as per Law of 7 December 2000, n . 397, or at least to assert or defend a legal claim , provided that the data are transferred exclusively for said purposes and for no longer than is necessary therefor ;
e) is necessary for the preservation of life or bodily integrity , or a third party, in the event that the subject can not give consent because of physical incapacity or inability to act of understanding or to want ;
f) is carried out in response to a request for access to administrative documents , or a request for information extractable from a public register, list , record or document knowable by anyone, in compliance with the rules governing the matter;
g ) 44sia authorized by the Guarantor on the basis of adequate safeguards for the rights, which even with a contract, or identified by the European Commission with the decisions referred to in Articles 25, paragraph 6 , and 26, paragraph 4 of Directive no. 95/46/EC of the European Parliament and of the Council of 24 October 1995;
g -bis) 45il treatment is aimed solely for purposes of scientific research or statistics and is carried out in compliance with codes of ethics and good conduct signed in accordance with Article 31.
5 . The prohibition referred to in paragraph 3 of this Article may be challenged pursuant to Article 29 , paragraphs 6 and 7.
6 . The provisions of this Article shall not apply to the transfer of personal data carried out in the exercise of the journalistic profession and for the exclusive purposes related thereto .
7 . The notification referred to in paragraph 1 of this Article shall be made in accordance with Article 7, and shall be entered in a special section of the register provided for in Article 31 , paragraph 1, letter a) . The notification shall be made with a single act together with that provided for in Article 7 .

CHAPTER VI - ADMINISTRATIVE AND JUDICIAL PROTECTION

Article 29. protection

1 . The rights referred to in Article 13 , paragraph 1, may be invoked before the courts or with recourse to the Guarantor. The recourse to the Guarantor can not be proposed if, for the same object and between the same parties, has already been brought before a judicial authority .
2 . Except in cases where the time limit would expose another person to imminent and irreparable injury , recourse to the Guarantor may only be made after five days have elapsed from the request made on the same subject to the manager. The presentation of the claim makes it impossible further question before the court between the same parties and the same subject .
3 . In proceedings before the Ombudsman the owner, the manager and the person concerned shall have the right to be heard, personally or through a special agent , and shall be entitled to submit statements or documents. The Guarantor may, of its own motion , conduct appraisals .
4 . Taken the necessary information, the Guarantor, if it considers the application well founded , order the owner and manager, in a reasoned decision , the cessation of the unlawful conduct , indicating the measures necessary to protect the rights of the person concerned and assigning a deadline for their adoption. The decision shall be communicated without delay to the parties concerned , by the office of the Guarantor. The failure to rule on the appeal , trenta46giorni elapsed from the date of submission , is tantamount to rejection.
5 . If the particularity of the case so requires, the Guarantor may provisionally order the block in whole or in part of any of the data or the immediate suspension of one or more processing operations . The order ceases to have effect if, within the next twenty days, it is the decision referred to in paragraph 4 and is challenged together with such a decision.
6 . Against the decision expressed or implied rejection referred to in paragraph 4 , the holder or the interested party may bring an appeal to the court of the place where the pensioner resides , within the period of thirty days from the date of communication of the order or the date of rejection tacit . The appeal shall not stay the execution of the measure.
6 - bis.47Il time-limits provided for in paragraphs 4, 5 and 6 shall be suspended from 1 to 30 August each year and shall begin to run from the end of the suspension period . If the course starts during this period, the very beginning is deferred to the end of the holidays . The suspension will not work in cases where there is a prejudice referred to in paragraph 2 shall not preclude the adoption of the measures referred to in paragraph 5 .
7 . The court shall in the manner laid down in Articles 737 and following of the Code of Civil Procedure , in derogation from the prohibition laid down in Article 4 of the Law of 20 March 1865 n . 2248, Annex E) , and may suspend request, the execution of the measure. An appeal against the decree of the court is only allowed an appeal in cassation .
8 . All disputes , including those related to the issuance of the authorization referred to in Article 22, paragraph 1 , or of interest , however , the application of this law, are the jurisdiction of the ordinary courts.
9 . The non-pecuniary damage is compensable even in cases of violation of Article 9

CHAPTER VII - THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA
48 [Title as amended by art. 3, paragraph 1, of legislative decree May 9, 1997, n. 123]

Article 30. Establishment of the Guarantor

1.49E ' established the Authority for the protection of personal data.
2 . The Guarantor operates in full autonomy and independence of judgment and evaluation.
3 . The Guarantor is a collegial body composed of four members , two elected by the Chamber of Deputies and two by the Senate with limited voting rights . They shall elect a president , whose casting vote in case of equality . The members shall be chosen from persons whose independence and ensure that they are experts with recognized competence in the matters of law or information technology , ensuring the presence of both qualifications.
4 . The chairman and members shall hold office for four years and can not be confirmed more than once , for the entire term of the chairman and members may not engage in , under penalty of forfeiture, any professional or consulting, or be administrators or employees of public or private entities , or hold elective office .
5 . On acceptance of the appointment of chairman and members are placed out of position if employees of public administrations or judges in active service , if university professors , are placed on unpaid leave in accordance with Article 13 of the Decree of the President the Republic of 11 July 1980, n . 382, as amended. The staff placed out of position or on leave can not be replaced .
6 . Responsible to the President entitled to an allowance not exceeding , the maximum remuneration payable to the first president of the Court of Cassation . Responsibility allowance to members function not exceeding , in total , two-thirds of that of the Chairman . The above allowances shall be determined with the regulation referred to in Article 33 , paragraph 3, to such an extent as to be included in the ordinary budget .

Article 31. Responsibilities of the Supervisor

1 . The Supervisor is responsible for :
a) to establish and maintain a register of general treatment on the basis of the notifications received;
b ) check if the treatments are carried out in compliance with the laws and regulations and in accordance with the notification ;
c) 50segnalare by their owners or managers of any amendments necessary or appropriate in order to make the treatment in accordance with the provisions in force;
d) receive reports and complaints concerned or of the associations that represent them, relating to breaches of the law or regulations , and provide applications submitted either under Article 29 ;
e) adopt the measures envisaged by the law or regulations;
f ) monitoring cases of termination , for any reason, for a treatment ;
g ) report the facts as configurable offenses prosecuted ex officio , of which it is aware in the exercise of his functions or due ;
h ) To promote within the categories concerned and in the principle of representation , the drawing up of codes of ethics and good practice for specific sectors , to verify compliance with the laws and regulations including through the consideration of stakeholder comments and help ensure the adoption of and compliance ;
i) treat the public understanding of the rules governing the matter and its aims, as well as the security of the data referred to in Article 15;
l) 51vietare , in whole or in part , the processing of data, or dispose of the block if the treatment is illegal or incorrect partly due to the failure to adopt the necessary measures referred to in subparagraph c) , or when , because of the nature of or data , however, methods of treatment and the effects that it can determine , there is the real risk of the occurrence of a major injury to one or more interested parties ;
m) to report to the Government the opportunity to regulatory measures demanded by the sector ;
n ) prepare an annual report on its activities and on the implementation of this law , which is transmitted to the Parliament and to the Government by 30 April of the year following that to which it refers;
o) to the provision of assistance specified in Chapter IV of the Convention no. 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data , adopted in Strasbourg on 28 January 1981 and enforced by the Law of 21 February 1989 no. 98, which designated authority for the purposes of cooperation between States in accordance with Article 13 of that Convention ;
p) exercise control over the treatments referred to in Article 4 and verify , at the request of the person concerned , if they meet the requirements established by law or regulation.
2 . The President of the Council of Ministers and the Minister shall consult each Guarantor at the time of preparation of regulatory and administrative measures likely to affect matters covered by this law.
3 . The register referred to in paragraph 1, letter a) of this Article shall be held in the manner referred to in Article 33 , paragraph 5 . Within a period of one year from the date of its establishment , the Guarantor promotes appropriate agreements with the provinces and possibly with other public administrations in order to ensure consultation of the register by at least one terminal deployed on a provincial basis , preferably within the office for relations with the public referred to in Article 12 of Legislative Decree February 3, 1993 , n . 29 , as amended.
4 . The prohibition referred to in paragraph 1, letter l) of this Article may be challenged pursuant to Article 29 , paragraphs 6 and 7.
5 . The Guarantor and the Authority for Information Technology in Public Administration cooperate with each other in the performance of their duties , to this end , they invite the President or his delegate member of the other body to participate in meetings taking part in the discussion of matters of common interest on the agenda , may require also the collaboration of specialized staff assigned to another organ.
6 . The provisions of paragraph 5 shall also apply in the relations between the Guarantor and the relevant supervisory authorities for the banking sector , for insurance activities and for broadcasting and publishing.

Article 32. Inspections and checks

1 . To fulfill its tasks, the Guarantor may require the responsible person in the holder, the person concerned or to third parties to provide information and produce documents .
2 . The Guarantor , if it has recourse to the need for the purposes of monitoring compliance with the provisions relating to the treatment of personal data can have access to databases or other inspections and audits at the sites where the treatment is carried out or in which it is necessary to carry out surveys , however, useful to the same control , using, where necessary, the cooperation of other state bodies .
3 . The examinations referred to in paragraph 2 are arranged prior authorization of the president of the court having territorial jurisdiction in relation to the place of the investigation, which shall without delay on the request of the Guarantor , by reasoned decree , the rules for their conduct are identified with the regulation referred to in Article 33, paragraph 3 .
4 . Stakeholders investigations are required to perform them .
5 . It is understood the provisions of Article 220 ​​of the implementing rules , coordination and transitional provisions of the Code of Criminal Procedure, approved by Legislative Decree of 28 July 1989 no. 271 .
6 . For the treatment referred to in Articles 4 and 14 , paragraph 1, the investigations are carried out by means of one member appointed by the Guarantor . If the treatment does not conform to the edicts of the law or regulations , the Guarantor tells the owner or manager with the necessary modifications and integrations and monitor their implementation . If the assessment was requested by the party concerned , the latter is provided in each case a feedback about its outcome , unless there are grounds referred to in Article 10, paragraph 4 of the Law of 1 April 1981, no . 121 , as amended by Article 42 , paragraph 1, of this Act, or reasons of defense or state security.
7 . The examinations referred to in paragraph 6 shall not be delegated . Should it be necessary owing to the specificity of the test, the designated member may be assisted by skilled personnel who are bound to secrecy under Article 33 , paragraph 6 . The documents collected are kept in a manner that ensures their privacy and are known by the chairman and members of the Guarantor and , if necessary to carry out the functions of the organ, bordered by a number of employees at its office identified by the Commissioner on the basis of criteria defined by the regulation referred to in Article 33, paragraph 3 . For inquiries relating to bodies and data referred to in Article 4 , paragraph 1, letter b), the designated member shall inspect the documents and the relevant documents and reports orally in meetings of the Guarantor.

Article 33. Office of the Supervisor

1 . To the Guarantor place is an office compound, in the first application of this law, 52Attractions employees of the State and other public authorities , which are located outside role in the manner prescribed by the respective jurisdictions, whose service with the same office is equated with each operation of law to that provided in the respective administrations of origin. Its quota is determined , to an extent not exceeding forty-five units , on the proposal of the Guarantor , by decree of the President of the Council of Ministers , in consultation with the Minister for the Treasury and Civil Service , within ninety days from the date of election of the Guarantor. The Secretary-General may be chosen from among magistrates or amministrativi.53
1 - bis.54E ' established the role of the staff employees of the Guarantor. With its Regulation defines the Guarantor : a) the sort of careers and methods of recruitment in accordance with the procedures laid down in Article 36 of Legislative Decree February 3, 1993 , n . 29 , as amended b ) the procedures of the framework in the role of staff in service on the date of entry into force of the Regulation , c) the legal and economic treatment of the staff in accordance with the criteria laid down by the Law of 31 July 1997, n. 249 , and , for the appointments of executive functions , in Article 19 , paragraph 6, of the aforementioned Legislative Decree no . 29 , as amended by Article 13 of legislative decree 31 March 1998, n. 80 , taking into account the specific functional requirements and organizational issues. The regulation is published in the Official Journal . Pending the more general rationalization of the economic treatment of the independent administrative authorities , the staff is allocated eighty percent of the salary of the staff of the Authority for Communications Safeguards . For the period between May 8, 1997 and the date of entry into force of the Regulation, remains still the allowance referred to in Article 41 of the Decree of the President of the Republic of 10 July 1991, n . 231 , paid to staff in service . From 1 January 1998 until the date of entry into force of the regulation, is also paid to the difference between the new treatment and the salary already increased the enjoyment of the said allowance feature .
1 - ter.54 The office may claim for justified reasons , employees of the State or other public authorities or public bodies placed in the position of temporary staff in the manner prescribed by the respective jurisdictions, or on leave in accordance with Article 13 Decree of the President of the Republic of 11 July 1980, n . 382, as amended, in a number not exceeding , in total , twenty units and not more than twenty percent of the qualifications of the directors , leaving uncovered a number of places corresponding to the role. The staff referred to in this paragraph shall be paid an allowance equal to any difference between the treatment provided by the administration or by the sending and staff are entitled to the same role , and in no case less than the allowance referred to in Article 41 of the cited decree of the President of the Republic n . 231.
1 - quater.55Con own rules of the Guarantor shall allocate the staff , set a limit of one hundred units , between staff of different levels of qualifications and the management discipline and organization, the functioning of the office , the collection and use of secretarial fees , including those paid from May 8, 1997, expense management , even in derogation from the rules on the general State Accounts Office . The regulation is published in the Official Journal .
1 - quinquies.55In addition to permanent staff , the office can take direct employees with fixed-term contracts governed by private law , in no more than twenty units , including consultants hired under fixed-term contracts paragraph 4 .
1 - sexies.55All ' office of the Guarantor, in order to ensure accountability and autonomy under the Law of 7 August 1990 . 241 , as amended, and the decree of February 3 , 1993, no . 29 , as amended, shall apply the principles concerning the identification and functions of the head of the procedure , as well as those relating to the distinction between the functions of guidance and control , attributed to the governing bodies , and those relating to the management functions attributed to managers.
2 . The operating expenses of the Office of the Ombudsman shall be charged to a fund set aside for that purpose in the state budget and writing in a specific chapter of the state budget of the Ministry of the Treasury . The statement of financial management is under the control of the Court of Auditors.
3.56In the first application of this Act, the rules governing the organization and operation of the Office of the Ombudsman , as well as those aimed at regulating the collection of office charges and expense management , notwithstanding the provisions on the general ledger State , shall be adopted with the regulation issued by the President of the Republic shall, within three months from the date of entry into force of this Act , upon resolution of the Council of Ministers , after consulting the State Council, on a proposal from the President of the Council of Ministers, in consultation with the Ministers of the Treasury, of Justice and of the Interior, and with the assent of the Guarantor . In the same Regulation are certain allowances referred to in Article 30, paragraph 6 , and also laid down the rules relating to the procedure before the Ombudsman referred to in Article 29 , paragraphs 1 to 5 , in a manner such as to ensure the expeditious same procedure , the full respect of the debate between the parties concerned and the standards to specify the procedures for the exercise of the rights referred to in Article 13 , as well as the notification referred to in Article 7 , via computer or by support magnetic or registered letter with acknowledgment of receipt or other suitable system . The opinion of the State Council on the draft rules shall be made within thirty days of receipt of the request, after which date the regulation may still be emanato.57
3 - bis.58Con effect from the date of entry into force of the Regulation referred to in paragraph 1- c , shall cease to apply the rules adopted pursuant to paragraph 3, first sentence .
4.59Nei cases where the technical or the sensitivity of the issues require it, the Guarantor may be assisted by advisers , who are remunerated in accordance with applicable professional fees that are employed under fixed-term contracts with a maturity not exceeding two years which may be renewed for not more than two times .
5 . To fulfill its tasks, the Office of the Ombudsman may make use of automated systems for computer processing and telematics own or safeguarding the guarantees provided for by this Law, belonging to the Authority for Information Technology in Public Administration or , in case of unavailability , for public acceptance.
6 . The staff at the office of the Guarantor and consultants are bound to secrecy on all that has come to their knowledge in the exercise of its functions, in order to databases and data processing operations.
6 - bis.60Il office staff assigned to the investigation of the Guarantor under Article 32 covers , in no more than five units , within the limits of the service which it is intended and in accordance with their respective powers, the qualification of an officer or agent of judicial police.

CHAPTER VIII-PENALTIES

Article 34. Omitted or incomplete notification

1.61bisChiunque, there being held, fails promptly to notifications in accordance with the provisions of Articles 7, 16, paragraph 1, and 28, which indicates incomplete information in them, shall be punished with an administrative sanction for the payment of a sum of ten million lire sixty million lire and with the sanction of publication of the order of injunction.
61a In connection with this item, please note the provisions of art. 12, paragraph 2 d. lg. December 28, 2001, n. 467: "Violations of Article 34 of the Law of 31 December 1996, no. 675, committed before the entry into force of this Decree shall apply, mutatis mutandis, the provisions of Articles 100, 101 and 102 of Legislative Decree December 30, 1999, n. 507. "

Article 35. Unlawful processing of personal data

1. Unless the fact constitutes a more serious offense, anyone, in order to gain advantage for themselves or others or cause damage to others, proceed to the processing of personal data in violation of the provisions of Articles 11, 20 and 27, shall be punished with imprisonment up to two years or, if the offense consists in the communication or dissemination, with imprisonment from three months to two years.
2.62Salvo the fact constitutes a more serious offense, anyone, in order to gain advantage for themselves or others or cause damage to others, proceed to the processing of personal data in violation of the provisions of Articles 21, 22, 23, 24 and 24-bis, or of the prohibition referred to in Article 28, paragraph 3, shall be punished with imprisonment from three months to two years.
3. Where the facts referred to in paragraphs 1 and 2 derives harm, imprisonment is from one to three years.
62 Subsection amended by art. 13 of legislative decree December 28, 2001, n. 467.

Article 36. Failure to adopt necessary measures for the security of the data

1 . Anyone , there being held , fails to take the necessary measures to ensure the security of personal data, in violation of the provisions of the Regulations referred to in paragraphs 2 and 3 of Article 15 , shall be punished with imprisonment up to two years or with ' a fine of between ten million lire lire eighty million .
2 . The offender , at the time the assessment or , in complex cases , even with subsequent act of the Guarantor, shall be given a prescription by setting a deadline for regularization not exceeding the period of time technically necessary, be extended in the case of particularly complex or to the objective difficulties of compliance and not longer than six months. Within sixty days following the expiry of the term, if it is to fulfill the requirement , the offender is admitted by the Guarantor to pay a sum equal to one quarter of the maximum fine established for the offense . The fulfillment and payment extinguished the crime . The organ that gives the prescription and the prosecutor shall in the manner referred to in Articles 21, 22 , 23 and 24 of Legislative Decree 19 December 1994 n . 758, as applicable.
63 Article as replaced by art. 14 , paragraph 1, of legislative decree December 28, 2001 , n . 467 . Article . 14 , paragraph 2, of the latter d.lg. also provides that "For the prosecution for the offense referred to in Article 36 of the Law of 31 December 1996, no . 675 in progress, within forty days after the entry into force of this Decree, the offender may apply the court to be admitted to the procedure laid down in Article 36 , paragraph 2, of the Law n . 675 of 1996 , as substituted by this decree. judicial authority orders the suspension of the proceedings and forward the documents to the Authority for the protection of personal data carried out pursuant to the same article 36, paragraph 2 . "

Article 37. Failure to comply with the provisions of the Guarantor

1.64Chiunque, there being required to abide the measure adopted by the Guarantor pursuant to Article 22, paragraph 2, or Article 29, paragraphs 4 and 5, and 31, paragraph 1, letter l), shall be punished with imprisonment from three months to two years.

Article 37-bis False statements in statements and notifications to the Guarantor

1. Anyone in the notifications referred to in Articles 7, 16, paragraph 1, and 28 or records, documents or statements made ​​or displayed in a proceeding before the Guarantor or in the course of investigations, news or falsely declares or acts or circumstances or produces false documents, shall be punished, unless the fact constitutes a more serious offense, with imprisonment from six months to three years.

Article 38. punishment

1. The sentence for one of the offenses under this Act matter the publication of the judgment.

Article 39. administrative sanctions

1.66Chiunque fails to provide the information or produce the documents requested by the Guarantor pursuant to Article 29 , paragraph 4, and 32 , paragraph 1 , shall be punished with an administrative sanction for the payment of a sum of five million pounds to thirty million pounds . < Br > 2.67La violation of the provisions of Article 10 shall be punished with an administrative sanction for the payment of a sum of three million pounds to eighteen million pounds , or, in the cases referred to in Articles 22, 24 and 24-bis , or at least of greater importance of injury to one or more interested parties , from five million to thirty million pounds . The amount can be increased up to three times when it may be ineffective because of the economic conditions of the offender . Violation of the provision of Article 23 , paragraph 2, shall be punished with an administrative sanction for the payment of a sum of five hundred pounds to three million pounds .
3.68L ' department competent to receive the report and to impose the penalties provided for in this capo69è the Guarantor. Are observed , as applicable , the provisions of the Law of 24 November 1981, n . 689 , as amended. Proceeds, to the extent of fifty percent of the annual total , shall be reallocated to the fund referred to in Article 33 , paragraph 2, and shall be used only for the exercise of the tasks referred to in Articles 31 , paragraph 1, letter i) and 32 .

CHAPTER IX - TRANSITIONAL AND FINAL PROVISIONS AND Repeals

Article 40. Communications to the Guarantor

1. Copy of orders issued by the court in relation to the provisions of this Law and the Law of 23 December 1993, n. 547, shall be forwarded by the clerk to the Guarantor.

Article 41. transitional provisions

1.70Fermo prejudice to the exercise of the rights referred to in Articles 13 and 29, the provisions of this Act which require the consent of the person concerned shall not apply in relation to personal data collected prior to the date of entry into force of the law , or the which treatment is started before that date . It does not affect the application of the provisions relating to communication and dissemination of data provided by this Act. The provisions of this paragraph shall remain in force until June 30, 2003.
2.71Per the processing of personal data started before January 1, 1998 , the notifications required by Articles 7 and 28 are made ​​from 1st January 1998 to 31 March 1998, or , for the treatments referred to in Article 5 in relation to data other than those referred articles 22 and 24, as well as those referred to in Article 4 , paragraph 1, letters c), d ) and e) , from 1 April 1998 to 30 June 1998.
3 . The minimum security measures provided for in Article 15 , paragraph 2, must be taken within a period of six months from the date of entry into force of Regulation therein. Until the expiration of such term , personal data must be stored in such a way as to avoid an increase in the risks referred to in Article 15, paragraph 1.
4 . The measures referred to in Article 15 , paragraph 3, shall be taken within a period of six months from the date of entry into force of the regulations therein.
5.72Nei twenty-four months after the date of entry into force of this law , the treatment of the data referred to in Article 22 , paragraph 3, of the work of public bodies , other than government- owned businesses, and Article 24 may be continued even in the absence of legal provisions therein , upon notice to the Guarantor.
6 . In the first application of this Act, until the election of the Guarantor pursuant to Article 30 , the functions of the Ombudsman are carried out by the Chairman of the Authority for Information Technology in Public Administration , with the exception of the consideration of the appeal which Article 29.
7.73Le provisions of this Act that provide for authorization of the Guarantor shall apply only to same authorization and with the exception of the provision of Article 28 , paragraph 4, letter g ) , with effect from 30 November 1997. The same provisions can be applied by the Guarantor including through the issuance of permits for certain categories of holders or treatments .
7 - bis.74In the first application of this Act, the disclosures and notices referred to in Articles 10, paragraph 3 , and 27 , paragraph 2, may be given by 30 November 1997.

Article 42. Changes to existing provisions

1 . Article 10 of the Law of 1 April 1981 , n . 121 is replaced by the following:
"Article 10 . - (Controls ) 1.75Il control on the Data Processing Centre is exercised by the Guarantor for the protection of personal data in the manner prescribed by law and regulations .
2.75I data and information stored in the archives of the Center can be used in judicial or administrative proceedings only through the acquisition of the original sources mentioned in the first paragraph of Article 7 , subject to the provisions of Article 240 of the Code of Criminal Procedure. When in the course of judicial proceedings or administrative detected the incorrectness or incompleteness of data and information, or the illegality of their treatment , the authority concerned shall notify the Guarantor for the protection of personal data. < Br > 3 . The person to whom the data relates can ask at the office referred to in subparagraph a) of the first subparagraph of Article 5 confirms the existence of personal data concerning him , their communication in intelligible form and , if the data are in violation of applicable laws or regulations , cancellation or transformation into anonymous form .
4.75Esperiti necessary inquiries, the Office shall notify the applicant , not later than twenty days after the request , the decisions taken. The office may refrain from ruling on the request if this can affect actions or operations to law enforcement and public safety or the prevention or suppression of crime by giving information to the Authority for the protection of personal data.
5 . Anyone who is aware of the existence of personal data concerning him, even if not treated automated in violation of laws or regulations, may apply to the court of the place of residence of the holder of the treatment of any necessary checks and to order correction, integration, cancellation or transformation into an anonymous form of the data. The court shall in the manner laid down in Articles 737 and following of the Code of Civil Procedure . " .
2 . Paragraph 1 of Article 4 of Legislative Decree February 12, 1993 , n . 39, is replaced by the following : "1. E ' established the Authority for Information Technology in Public Administration , called the Authority for the purposes of this Decree , the Authority shall act in full autonomy and independence of judgment and evaluation. " .
3 . Paragraph 1 of Article 5 of Legislative Decree February 12, 1993 , n . 39, is replaced by the following : "1. Rules concerning the organization and functioning of the institution of the role of the staff , its legal and economic treatment and sorting of careers, as well as the management of expenditure in limits prescribed by this decree , notwithstanding the provisions on the general ledger of the State , shall be adopted with the regulation issued by the President of the Republic , after deliberation by the Council of Ministers , after consulting the State Council, on a proposal from the President of the Council of Ministers in consultation with the Secretary of the Treasury , and with the assent of the Authority itself. Council of State 's opinion on the draft rules shall be made within thirty days of receipt of the request, after which the regulation can be enacted anyway . applies remuneration for the staff of the Authority for the publishing and broadcasting or body that would take over the functions , subject to the overall limit of one hundred and fifty units . remain also without prejudice to the appropriations of the chapters referred to in paragraph 2 , as well as determined for 1995 and taking into account the limits laid down for Class IV increase for the period 1996-1998. " .
4.75Negli articles 9 , paragraph 2 and article 10, paragraph 2 , of the Law of 30 September 1993, n. 388 , the words " Guarantor for the protection of data" are replaced by the following : " Authority for the protection of personal data" .

Article 43. Repeals

1 . Are repealed laws or regulations inconsistent with this Act and in particular the fourth subparagraph of Article 8 and the fourth paragraph of Article 9 of the Law of 1 April 1981 , n . 121 . Within six months from the date on which the decree referred to in Article 33 , paragraph 1, of this Act, the Minister of the Interior moved the office of the Guarantor the material collected on that date in the said Article 8 of Law No . 121 of 1981.
2 . Remain subject to the provisions of Law 20 May 1970 . 300 , as amended, and, mutatis mutandis , the provisions of the Law of 5 June 1990, n. 135, as amended, of the Legislative Decree 6 September 1989, n . 322 , as well as the applicable rules on access to administrative documents and the archives of the State. Also remain subject to the provisions of law imposing prohibitions or restrictions with regard to the processing of such personal data.
3 . For the treatments referred to in Article 4 , paragraph 1, letter e) of this Act , remains subject to the obligation of submission of data and information referred to in Article 6, first paragraph , letter a) of the Law of 1 April 1981 n . 121 .

CHAPTER X - FINANCIAL COVERAGE AND ENTRY INTO FORCE

Article 44. financial coverage

1. The cost of implementing this Act, valued at 8.029 billion pounds for 1997 and 12.045 million pounds from 1998, will be covered by a corresponding reduction in appropriations for the 1997-1999 budget, chapter 6856 the estimates of the Ministry of the Treasury for the year 1997 for this purpose using the 1997 as 4.553 million lire, the provision relating to the Ministry of Foreign Affairs, and as for 3.476 billion pounds, the provision concerning the Presidency of the Council of Ministers and, for the years 1998 and 1999, as to 6.83 billion pounds, the projections for the same years of the provision relating to the Ministry of Foreign Affairs, and as for 5.215 billion pounds, the projections for the same years of 'provisions concerning the Presidency of the Council of Ministers.
2.Il Minister of the Treasury is authorized to issue decrees, the necessary budgetary changes.

Article 45. Entry into force

1. This Law shall enter into force one hundred twenty days after its publication in the Official Gazette. For treatments carried out without the aid of electronic or automated means that do not involve any of the data referred to in Articles 22 and 24, the provisions of this Act shall apply from 1 January 1998. Notwithstanding the provisions of article 9, paragraph 2, of the Law of 30 September 1993, n. 388, this Act shall enter into force on the day following that of its publication in the Official Gazette, limited to the processing of data performed under the agreement referred to in Article 4, paragraph 1, letter a) and the appointment of the Guarantor.



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