PERSONAL DATA PROTECTION CODE 
Legislative Decree no. 196 dated 30 June 2003

 
13th may  2011

PART 1 – GENERAL PROVISIONS ............................................................. 13
TITLE I – GENERAL PRINCIPLES...........................................................................................14
Section 1.................................................................................................................................14
(Right to the Protection of Personal Data).........................................................................14
Section 2.................................................................................................................................14
(Purposes)...........................................................................................................................14
Section 3.................................................................................................................................14
(Data Minimisation Principle) ...........................................................................................14
Section 4.................................................................................................................................14
(Definitions) .......................................................................................................................14
Section 5.................................................................................................................................17
(Subject-Matter and Scope of Application) .......................................................................17
Section 6.................................................................................................................................18
(Regulations Applying to Processing Operations).............................................................18
TITLE II – DATA SUBJECT’S  RIGHTS ...................................................................................18
Section 7.................................................................................................................................18
(Right to Access Personal Data and Other Rights) ............................................................18
Section 8.................................................................................................................................19
(Exercise of Rights) ...........................................................................................................19
Section 9.................................................................................................................................20
(Mechanisms to Exercise Rights) ......................................................................................20
Section 10...............................................................................................................................21
(Response to Data Subjects) ..............................................................................................21
TITLE III – GENERAL DATA PROCESSING RULES............................................................22
CHAPTER I – RULES APPLYING TO ALL PROCESSING OPERATIONS.............................22
Section 11...............................................................................................................................22
(Processing Arrangements and Data Quality)....................................................................22
Section 12...............................................................................................................................23
(Codes of Conduct and Professional Practice)...................................................................23
Section 13...............................................................................................................................23
(Information to Data Subjects)...........................................................................................23
Section 14...............................................................................................................................25
(Profiling of Data Subjects and Their Personality)............................................................25
Section 15...............................................................................................................................25
(Damage Caused on Account of the Processing)...............................................................25
Section 16...............................................................................................................................25
(Termination of Processing Operations) ............................................................................25
Section 17...............................................................................................................................26
(Processing Operations Carrying Specific Risks)..............................................................26
CHAPTER II – ADDITIONAL RULES APPLYING TO PUBLIC BODIES ..............................26
Section 18...............................................................................................................................26
(Principles Applying to All Processing Operations Performed by Public Bodies)............26
Section 19...............................................................................................................................26
(Principles Applying to the Processing of Data Other Than Sensitive and Judicial Data) 26
Section 20...............................................................................................................................27
(Principles Applying to the Processing of Sensitive Data)................................................27
Section 21...............................................................................................................................28
(Principles Applying to the Processing of Judicial Data) ..................................................28
Section 22...............................................................................................................................28 3
(Principles Applying to the Processing of Sensitive Data as well as to Judicial Data) .....28
CHAPTER III – ADDITIONAL RULES APPLYING TO PRIVATE BODIES
AND PROFIT-SEEKING PUBLIC BODIES .............................................................................29
Section 23...............................................................................................................................29
(Consent)............................................................................................................................29
Section 24...............................................................................................................................29
(Cases in Which No Consent Is Required for Processing Data)........................................29
Section 25...............................................................................................................................31
(Bans on Communication and Dissemination) ..................................................................31
Section 26...............................................................................................................................31
(Safeguards Applying to Sensitive Data)...........................................................................31
Section 27...............................................................................................................................33
(Safeguards Applying to Judicial Data) .............................................................................33
TITLE IV – ENTITIES PERFORMING PROCESSING OPERATIONS ...............................33
Section 28...............................................................................................................................33
(Data Controller) ................................................................................................................33
Section 29...............................................................................................................................33
(Data Processor).................................................................................................................33
Section 30...............................................................................................................................34
(Persons in Charge of the Processing) ...............................................................................34
TITLE V – DATA AND SYSTEM SECURITY...........................................................................34
CHAPTER I – SECURITY MEASURES.....................................................................................34
Section 31...............................................................................................................................34
(Security Requirements) ....................................................................................................34
Section 32...............................................................................................................................34
(Specific Categories of Data Controller) ...........................................................................34
CHAPTER II – MINIMUM SECURITY MEASURES ................................................................35
Section 33...............................................................................................................................35
(Minimum Security Measures) ..........................................................................................35
Section 34...............................................................................................................................35
(Processing by Electronic Means)......................................................................................35
Section 35...............................................................................................................................36
(Processing without Electronic Means) .............................................................................36
Section 36...............................................................................................................................37
(Upgrading)........................................................................................................................37
TITLE VI – PERFORMANCE OF SPECIFIC TASKS .............................................................37
Section 37...............................................................................................................................37
(Notification of the Processing).........................................................................................37
Section 38...............................................................................................................................38
(Notification Mechanisms) ................................................................................................38
Section 39...............................................................................................................................39
(Communication Obligations)............................................................................................39
Section 40...............................................................................................................................39
(General Authorisations)....................................................................................................39
Section 41...............................................................................................................................40
(Authorisation Requests)....................................................................................................40
TITLE VII – TRANSBORDER DATA FLOWS..........................................................................40
Section 42...............................................................................................................................40
(Data Flows in the EU) ......................................................................................................40
Section 43...............................................................................................................................40
(Permitted Data Transfers to Third Countries) ..................................................................40 4
Section 44...............................................................................................................................41
(Other Permitted Data Transfers).......................................................................................41
Section 45...............................................................................................................................42
(Prohibited Data Transfers)................................................................................................42
PART II – PROVISIONS APPLYING TO SPECIFIC SECTORS..................... 43
TITLE I – PROCESSING OPERATIONS IN THE JUDICIAL SECTOR...............................44
CHAPTER I – IN GENERAL .....................................................................................................44
Section 46...............................................................................................................................44
(Data Controllers) ..............................................................................................................44
Section 47...............................................................................................................................44
(Processing Operations for Purposes of Justice)................................................................44
Section 48...............................................................................................................................45
(Data Banks of Judicial Offices)........................................................................................45
Section 49...............................................................................................................................45
(Implementing Provisions).................................................................................................45
CHAPTER II – CHILDREN.......................................................................................................45
Section 50...............................................................................................................................45
(Reports or Images Concerning Underage Persons) ..........................................................45
CHAPTER III – LEGAL INFORMATION SERVICES ..............................................................45
Section 51...............................................................................................................................45
(General Principles) ...........................................................................................................45
Section 52...............................................................................................................................46
(Information Identifying Data Subjects) ............................................................................46
TITLE II – PROCESSING OPERATIONS BY THE POLICE .................................................47
CHAPTER I – IN GENERAL .....................................................................................................47
Section 53...............................................................................................................................47
(Scope of Application and Data Controllers).....................................................................47
Section 54...............................................................................................................................47
(Processing Mechanisms and Data Flows) ........................................................................47
Section 55...............................................................................................................................48
(Specific Technology)........................................................................................................48
Section 56...............................................................................................................................48
(Safeguards for Data Subjects) ..........................................................................................48
Section 57...............................................................................................................................48
(Implementing Provisions).................................................................................................48
TITLE III – STATE DEFENCE AND SECURITY .....................................................................49
CHAPTER I – IN GENERAL .....................................................................................................49
Section 58...............................................................................................................................49
(Applicable Provisions)......................................................................................................49
TITLE IV – PROCESSING OPERATIONS IN THE PUBLIC SECTOR................................50
CHAPTER I – ACCESS TO ADMINISTRATIVE RECORDS ....................................................50
Section 59...............................................................................................................................50
(Access to Administrative Records) ..................................................................................50
Section 60...............................................................................................................................50
(Data Disclosing Health and Sex Life) ..............................................................................50
CHAPTER II – PUBLIC REGISTERS AND PROFESSIONAL REGISTERS............................50
Section 61...............................................................................................................................50
(Use of Public Information) ...............................................................................................50
CHAPTER III – REGISTERS OF BIRTHS, DEATHS AND MARRIAGES, CENSUS
REGISTERS AND ELECTORAL LISTS.....................................................................................515
Section 62...............................................................................................................................51
(Sensitive and Judicial Data)..............................................................................................51
Section 63...............................................................................................................................51
(Interrogation of Records)..................................................................................................51
CHAPTER IV – PURPOSES IN THE SUBSTANTIAL PUBLIC INTEREST ............................52
Section 64...............................................................................................................................52
(Citizenship, Immigration and Alien Status) .....................................................................52
Section 65...............................................................................................................................52
(Political Rights and Public Disclosure of the Activities of Certain Bodies)....................52
Section 66...............................................................................................................................53
(Taxation and Customs Matters)........................................................................................53
Section 67...............................................................................................................................53
(Auditing and Controls) .....................................................................................................53
Section 68...............................................................................................................................54
(Grants and Certifications).................................................................................................54
Section 69...............................................................................................................................54
(Honours, Rewards and Incorporation)..............................................................................54
Section 70...............................................................................................................................55
(Voluntary Organisations and Conscientious Objection) ..................................................55
Section 71...............................................................................................................................55
(Imposition of Sanctions and Precautionary Measures) ....................................................55
Section 72...............................................................................................................................55
(Relationships with Religious Denominations) .................................................................55
Section 73...............................................................................................................................56
(Other Purposes Related to Administrative and Social Matters) .......................................56
CHAPTER V – SPECIFIC PERMITS ........................................................................................56
Section 74...............................................................................................................................56
(Car Permits and Access to Town Centres) .......................................................................56
TITLE V – PROCESSING OF PERSONAL DATA IN THE HEALTH CARE SECTOR......57
CHAPTER I – IN GENERAL .....................................................................................................57
Section 75...............................................................................................................................57
(Scope of Application) .......................................................................................................57
Section 76...............................................................................................................................57
(Health Care Professionals and Public Health Care Bodies).............................................57
CHAPTER II – SIMPLIFIED ARRANGEMENTS CONCERNING INFORMATION AND
CONSENT ..................................................................................................................................58
Section 77...............................................................................................................................58
(Simplification) ..................................................................................................................58
Section 78...............................................................................................................................58
(Information Provided by General Practitioners and Paediatricians) ................................58
Section 79...............................................................................................................................59
(Information Provided by Health Care Bodies) .................................................................59
Section 80...............................................................................................................................60
(Information Provided by Other Public Bodies) ................................................................60
Section 81...............................................................................................................................60
(Providing One’s Consent) ................................................................................................60
Section 82...............................................................................................................................60
(Emergency and Protection of Health and Bodily Integrity).............................................60
Section 83...............................................................................................................................61
(Other Provisions to Ensure Respect for Data Subjects’ Rights).......................................61
Section 84...............................................................................................................................62 6
(Data Communication to Data Subjects) ...........................................................................62
CHAPTER III – PURPOSES IN THE SUBSTANTIAL PUBLIC INTEREST ............................62
Section 85...............................................................................................................................62
(Tasks of the National Health Service)..............................................................................62
Section 86...............................................................................................................................63
(Other Purposes in the Substantial Public Interest) ...........................................................63
CHAPTER IV – MEDICAL PRESCRIPTIONS..........................................................................64
Section 87...............................................................................................................................64
(Drugs Paid for by the National Health Service) ...............................................................64
Section 88...............................................................................................................................65
(Drugs Not Paid for by the National Health Service)........................................................65
Section 89...............................................................................................................................65
(Special Cases)...................................................................................................................65
CHAPTER V – GENETIC DATA...............................................................................................65
Section 90...............................................................................................................................65
(Processing of Genetic Data and Bone Marrow Donors) ..................................................65
CHAPTER VI – MISCELLANEOUS PROVISIONS ..................................................................66
Section 91...............................................................................................................................66
(Data Processed by Means of Cards) .................................................................................66
Section 92...............................................................................................................................66
(Clinical Records) ..............................................................................................................66
Section 93...............................................................................................................................67
(Certificate of Attendance at Birth) ...................................................................................67
Section 94...............................................................................................................................67
(Data Banks, Registers and Filing Systems in the Health Care Sector) ............................67
TITLE VI – EDUCATION.............................................................................................................68
CHAPTER I – IN GENERAL .....................................................................................................68
Section 95...............................................................................................................................68
(Sensitive and Judicial Data)..............................................................................................68
Section 96...............................................................................................................................68
(Processing of Data Concerning Students) ........................................................................68
TITLE VII – PROCESSING FOR HISTORICAL, STATISTICAL OR SCIENTIFIC
PURPOSES .................................................................................................................................68
CHAPTER I – IN GENERAL .....................................................................................................68
Section 97...............................................................................................................................68
(Scope of Application) .......................................................................................................68
Section 98...............................................................................................................................69
(Purposes in the Substantial Public Interest)......................................................................69
Section 99...............................................................................................................................69
(Compatibility between Purposes and Duration of Processing) ........................................69
Section 100.............................................................................................................................69
(Data Concerning Studies and Researches) .......................................................................69
CHAPTER II – PROCESSING FOR HISTORICAL PURPOSES..............................................70
Section 101.............................................................................................................................70
(Processing Arrangements) ................................................................................................70
Section 102.............................................................................................................................70
(Code of Conduct and Professional Practice) ....................................................................70
Section 103.............................................................................................................................71
(Interrogating Documents Kept in Archives).....................................................................71
CHAPTER III – PROCESSING FOR STATISTICAL OR SCIENTIFIC PURPOSES ...............71
Section 104.............................................................................................................................71 7
(Scope of Application and Identification Data for Statistical or Scientific Purposes).......71
Section 105.............................................................................................................................71
(Processing Arrangements) ................................................................................................71
Section 106.............................................................................................................................72
(Codes of Conduct and Professional Practice)...................................................................72
Section 107.............................................................................................................................73
(Processing of Sensitive Data) ...........................................................................................73
Section 108.............................................................................................................................73
(National Statistical System)..............................................................................................73
Section 109.............................................................................................................................73
(Statistical Data Concerning Birth Events)........................................................................73
Section 110.............................................................................................................................73
(Medical, Biomedical and Epidemiological Research)......................................................73
TITLE VIII – OCCUPATIONAL AND SOCIAL SECURITY ISSUES.....................................74
CHAPTER I – IN GENERAL .....................................................................................................74
Section 111.............................................................................................................................74
(Code of Conduct and Professional Practice) ....................................................................74
Section 112.............................................................................................................................74
(Purposes in the Substantial Public Interest)......................................................................74
CHAPTER II – JOB ADS AND EMPLOYEE DATA..................................................................75
Section 113.............................................................................................................................75
(Data Collection and Relevance) .......................................................................................75
CHAPTER III – BAN ON DISTANCE MONITORING AND TELEWORK...............................76
Section 114.............................................................................................................................76
(Distance Monitoring)........................................................................................................76
Section 115.............................................................................................................................76
(Telework and Home-Based Work) ...................................................................................76
CHAPTER IV – ASSISTANCE BOARDS AND SOCIAL WORK ...............................................76
Section 116.............................................................................................................................76
(Availability of Data under the Terms Agreed upon with Data Subjects).........................76
TITLE IX – BANKING, FINANCIAL AND INSURANCE SYSTEMS .....................................76
CHAPTER I – INFORMATION SYSTEMS................................................................................76
Section 117.............................................................................................................................77
(Reliability and Timeliness in Payment-Related Matters).................................................77
Section 118.............................................................................................................................77
(Commercial Information) .................................................................................................77
Section 119.............................................................................................................................77
(Data Concerning Payment of Debts) ................................................................................77
Section 120.............................................................................................................................77
(Car Accidents) ..................................................................................................................77
TITLE X – ELECTRONIC COMMUNICATIONS .....................................................................78
CHAPTER I – ELECTRONIC COMMUNICATION SERVICES...............................................78
Section 121.............................................................................................................................78
(Services Concerned) .........................................................................................................78
Section 122.............................................................................................................................78
(Information Collected with Regard to Subscribers or Users)...........................................78
Section 123.............................................................................................................................78
(Traffic Data) .....................................................................................................................78
Section 124.............................................................................................................................79
(Itemised Billing) ...............................................................................................................79
Section 125.............................................................................................................................80 8
(Calling Line Identification) ..............................................................................................80
Section 126.............................................................................................................................80
(Location Data) ..................................................................................................................80
Section 127.............................................................................................................................81
(Nuisance and Emergency Calls) .......................................................................................81
Section 128.............................................................................................................................82
(Automatic Call Forwarding).............................................................................................82
Section 129.............................................................................................................................82
(Directories of Subscribers) ...............................................................................................82
Section 130.............................................................................................................................82
(Unsolicited Communications) ..........................................................................................82
Section 131.............................................................................................................................84
(Information Provided to Subscribers and Users)..............................................................84
Section 132  ...........................................................................................................................85
(Traffic Data Retention for Other Purposes)......................................................................85
CHAPTER II – INTERNET AND ELECTRONIC NETWORKS ................................................87
Section 133.............................................................................................................................87
(Code of Conduct and Professional Practice) ....................................................................87
CHAPTER III – VIDEO SURVEILLANCE................................................................................87
Section 134.............................................................................................................................87
(Code of Conduct and Professional Practice) ....................................................................87
TITLE XI – SELF-EMPLOYED PROFESSIONALS AND PRIVATE DETECTIVES...........87
CHAPTER I – IN GENERAL .....................................................................................................87
Section 135.............................................................................................................................87
(Code of Conduct and Professional Practice) ....................................................................87
TITLE XII – JOURNALISM AND LITERARY AND ARTISTIC EXPRESSION ....................88
CHAPTER I – IN GENERAL .....................................................................................................88
Section 136.............................................................................................................................88
(Journalistic Purposes and Other Intellectual Works)........................................................88
Section 137.............................................................................................................................88
(Applicable Provisions)......................................................................................................88
Section 138.............................................................................................................................89
(Professional Secrecy)........................................................................................................89
CHAPTER II – CODE OF PRACTICE......................................................................................89
Section 139.............................................................................................................................89
(Code of Practice Applying to Journalistic Activities) ......................................................89
TITLE XIII – DIRECT MARKETING ..........................................................................................90
CHAPTER I – IN GENERAL .....................................................................................................90
Section 140.............................................................................................................................90
(Code of Conduct and Professional Practice) ....................................................................90
PART III – REMEDIES AND SANCTIONS ................................................... 91
TITLE I – ADMINISTRATIVE AND JUDICIAL REMEDIES ...................................................92
CHAPTER I – REMEDIES AVAILABLE TO DATA SUBJECTS
BEFORE THE GARANTE .........................................................................................................92
I – GENERAL PRINCIPLES......................................................................................................92
Section 141.............................................................................................................................92
(Available Remedies).........................................................................................................92
II – ADMINISTRATIVE REMEDIES .........................................................................................92
Section 142.............................................................................................................................92
(Lodging a Claim) ..............................................................................................................92 9
Section 143.............................................................................................................................93
(Handling a Claim).............................................................................................................93
Section 144.............................................................................................................................93
(Reports).............................................................................................................................93
III – NON-JUDICIAL REMEDIES ............................................................................................93
Section 145.............................................................................................................................93
(Complaints) ......................................................................................................................93
Section 146.............................................................................................................................94
(Prior Request to Data Controller or Processor)................................................................94
Section 147.............................................................................................................................94
(Lodging a Complaint).......................................................................................................94
Section 148.............................................................................................................................95
(Inadmissible Complaints) .................................................................................................95
Section 149.............................................................................................................................95
(Handling a Complaint) .....................................................................................................95
Section 150.............................................................................................................................96
(Measures Taken Following a Complaint).........................................................................96
Section 151.............................................................................................................................97
(Challenging) .....................................................................................................................97
CHAPTER II – JUDICIAL REMEDIES.....................................................................................97
Section 152.............................................................................................................................97
(Judicial Authorities)..........................................................................................................97
TITLE II – THE SUPERVISORY AUTHORITY........................................................................98
CHAPTER I – THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALI ...................99
Section 153.............................................................................................................................99
(The Garante) .....................................................................................................................99
Section 154.............................................................................................................................99
(Tasks)................................................................................................................................99
CHAPTER II - THE GARANTE'S OFFICE.............................................................................101
Section 155...........................................................................................................................101
(Applicable Principles) ....................................................................................................101
Section 156...........................................................................................................................101
(Permanent and Other Staff) ............................................................................................101
CHAPTER III - INQUIRIES AND CONTROLS ......................................................................103
Section 157...........................................................................................................................103
(Request for Information and Production of Documents) ...............................................103
Section 158...........................................................................................................................103
(Inquiries).........................................................................................................................103
Section 159...........................................................................................................................103
(Arrangements) ................................................................................................................103
Section 160...........................................................................................................................104
(Specific Inquiries)...........................................................................................................104
TITLE III - SANCTIONS............................................................................................................105
CHAPTER I - BREACH OF ADMINISTRATIVE RULES .......................................................105
Section 161...........................................................................................................................105
(Providing No or Inadequate Information to Data Subjects) ...........................................105
Section 162...........................................................................................................................105
(Other Types of Non-Compliance) ..................................................................................105
Section 162-bis ....................................................................................................................106
(Punishments Applying to Traffic Data Retention) .........................................................106
Section 163 ..........................................................................................................................106 10
(Failure to Submit Notification or Submitting Incomplete Notification) ........................106
Section 164 ..........................................................................................................................107
(Failure to Provide Information or Produce Documents to the Garante).........................107
Section 164-bis ....................................................................................................................107
    (Less Serious Cases and Aggravating Circumstances)
Section 165 ..........................................................................................................................107
(Publication of Provisions by the Garante) ......................................................................107
Section 166...........................................................................................................................108
(Implementing Procedure) ...............................................................................................108
CHAPTER II - CRIMINAL OFFENCES..................................................................................108
Section 167...........................................................................................................................108
(Unlawful Data Processing) .............................................................................................108
Section 168...........................................................................................................................108
(Untrue Declarations and Notifications Submitted to the Garante) .................................108
Section 169 ..........................................................................................................................109
(Security Measures) .........................................................................................................109
Section 170...........................................................................................................................109
(Failure to Comply with Provisions Issued by the Garante)............................................109
Section 171...........................................................................................................................109
(Other Offences) ..............................................................................................................109
Section 172...........................................................................................................................109
(Additional Punishments) ................................................................................................109
TITLE IV - AMENDMENTS, REPEALS, TRANSITIONAL AND FINAL PROVISIONS....110
CHAPTER I - AMENDMENTS ................................................................................................110
Section 173...........................................................................................................................110
(Convention Implementing the Schengen Agreement)....................................................110
Section 174...........................................................................................................................110
(Service of Process and Judicial Sales)............................................................................110
Section 175...........................................................................................................................113
(Police) .............................................................................................................................113
Section 176...........................................................................................................................113
(Public Bodies).................................................................................................................113
Section 177...........................................................................................................................114
(Census Registers, Registers of Births, Deaths and Marriages, and Electoral Lists) ......114
Section 178...........................................................................................................................115
(Provisions Concerning the Health Care Sector).............................................................115
Section 179...........................................................................................................................115
(Other Amendments)........................................................................................................115
CHAPTER II - TRANSITIONAL PROVISIONS.......................................................................116
Section 180...........................................................................................................................116
(Security Measures) .........................................................................................................116
Section 181...........................................................................................................................116
(Other Transitional Provisions)........................................................................................116
Section 182...........................................................................................................................117
(Office of the Garante) .....................................................................................................117
CHAPTER III - REPEALS .......................................................................................................118
Section 183...........................................................................................................................118
(Repealed Provisions) ......................................................................................................118
CHAPTER IV - FINAL PROVISIONS .....................................................................................119
Section 184...........................................................................................................................119
(Transposition of European Directives) ...........................................................................119 11
Section 185...........................................................................................................................120
(Annexed Codes of Conducts and Professional Practice)................................................120
Section 186...........................................................................................................................120
(Entry into Force).............................................................................................................120
ANNEXES ..................................................................................................................................121
CODES OF CONDUCT (ANNEX A).......................................................................................122
A.1 – PROCESSING OF PERSONAL DATA IN THE EXERCISE OF JOURNALISTIC
ACTIVITIES........................................................................................................................122
A.2 – PROCESSING OF PERSONAL DATA FOR HISTORICAL PURPOSES.............127
A.3 – PROCESSING OF PERSONAL DATA FOR STATISTICAL PURPOSES WITHIN
THE FRAMEWORK OF THE SI.STA.N. [NATIONAL STATISTICAL SYSTEM].......135
A.4 – PROCESSING OF PERSONAL DATA FOR STATISTICAL AND SCIENTIFIC
PURPOSES..........................................................................................................................147
A.5 – CODE OF CONDUCT AND PROFESSIONAL PRACTICE APPLYING TO
INFORMATION SYSTEMS MANAGED BY PRIVATE ENTITIES WITH REGARD TO
CONSUMER CREDIT, RELIABILITY, AND TIMELINESS OF PAYMENTS .............161
A.6 – CODE OF PRACTICE APPLYING TO THE PROCESSING OF PERSONAL DATA
PERFORMED WITH A VIEW TO DEFENCE INVESTIGATIONS ...............................174
TECHNICAL SPECIFICATIONS CONCERNING MINIMUM SECURITY MEASURES
(ANNEX B)...............................................................................................................................18212
THE PRESIDENT OF THE REPUBLIC
HAVING REGARD to Articles 76 and 87 in the Constitution,
HAVING REGARD to Section 1 of Act no. 127 of 24 March 2001, enabling Government to issue a
consolidated text on the processing of personal data,
HAVING REGARD to Section 26 of Act no. 14 of  3 February 2003, setting out provisions to
ensure compliance with obligations related to Italy’s membership in the European Communities
(Community Act of 2002),
HAVING REGARD to Act no. 675 of 31 December 1996 as subsequently amended,
HAVING REGARD to Act no. 676 of 31 December 1996, enabling Government to pass legislation
concerning protection of individual and other entities with regard to the processing of personal data,
HAVING REGARD to Directive 95/46/EC of the European Parliament and of the Council of 24
October 1995, on the protection of individuals with regard to the processing of personal data and on
the free movement of such data,
HAVING REGARD to Directive 2002/58/EC of the European Parliament and of the Council of 12
July 2002, on the processing of personal data and the protection of private life in the electronic
communications sector,
HAVING REGARD to the preliminary resolution  adopted by the Council of Ministers at its
meeting of 9 May 2003,
HAVING HEARD the Garante per la protezione dei dati personali,
HAVING ACQUIRED the opinion by the competent Parliamentary committees at the Chamber of
Deputies and the Senate of the Republic,
HAVING REGARD to the Council of Ministers’ resolution adopted at the meeting of 27 June
2003,
ACTING ON THE PROPOSAL put forward by the  Prime Minister, the Minister for Public
Administration and the Minister  for Community Policies, in agreement with the Ministers of
Justice, of Economy and Finance, of Foreign Affairs and Communications,
ISSUES
the following legislative decree: 13
PART 1 – GENERAL PROVISIONS 14
TITLE I – GENERAL PRINCIPLES
Section 1
(Right to the Protection of Personal Data)
1. Everyone has the right to protection of the personal data concerning them. [Repealed]
1
.
Section 2
(Purposes)
1. This consolidated statute, hereinafter referred to as “Code”, shall ensure that personal data are
processed by respecting data subjects’ rights, fundamental freedoms and dignity, particularly with
regard to confidentiality, personal identity and the right to personal data protection.
2. The processing of personal data shall be regulated by affording a high level of protection for the
rights and freedoms referred to in paragraph 1 in compliance with the principles of simplification,
harmonisation and effectiveness of the mechanisms by which data subjects can exercise such rights
and data controllers can fulfil the relevant obligations.
Section 3
(Data Minimisation Principle)
1. Information systems and software shall be configured by minimising the use of personal data and
identification data, in such a way as to rule  out their processing if the purposes sought in the
individual cases can be achieved by using either anonymous data or suitable arrangements to allow
identifying data subjects only in cases of necessity, respectively.
Section 4
(Definitions)
1. For the purposes of this Code,
                                             
1
 The final sentence added by section 4(9) of Act no. 15 dated 4 March 2009 was subsequently repealed by section
14(1)a. of Act no. 183/2010.  15
a) ‘processing’ shall mean any operation, or set of operations, carried out with or without the help
of electronic or automated means, concerning  the collection, recording,  organisation, keeping,
interrogation, elaboration, modification, selection, retrieval, comparison, utilization,
interconnection, blocking, communication, dissemination, erasure and destruction of data, whether
the latter are contained or not in a data bank;
b) ‘personal data’ shall mean any information  relating to natural or legal persons, bodies or
associations that are or can be identified, even  indirectly, by reference to any other information
including a personal identification number;
c) ‘identification data’ shall mean personal data allowing a data subject to be directly identified;
d) ‘sensitive data’ shall mean personal data allowing the disclosure of racial or ethnic origin,
religious, philosophical or other beliefs, political  opinions, membership of parties, trade unions,
associations or organizations of a religious, philosophical, political or trade-unionist character, as
well as personal data disclosing health and sex life;
e) ‘judicial data’ shall mean personal data disclosing the measures referred to in Section 3(1), letters
a) to o) and r) to u), of Presidential Decree no. 313 of 14 November 2002 concerning the criminal
record office, the register of offence-related  administrative sanctions and the relevant current
charges, or the status of being either defendant or the subject of investigations pursuant to Sections
60 and 61 of the Criminal Procedure Code;
f) ‘data controller’ shall mean any natural or legal person, public administration, body, association
or other entity that is competent, also jointly with another data controller, to determine purposes and
methods of the processing of personal data and the relevant means, including security matters;
g) ‘data processor’ shall mean any natural or legal person, public administration, body, association
or other agency that processes personal data on the controller’s behalf;
h) ‘persons in charge of the processing” shall mean the natural persons that have been authorised by
the data controller or processor to carry out processing operations;
i) ‘data subject’ shall mean any natural or legal person, body or association that is the subject of the
personal data;
l) ‘communication’ shall mean disclosing personal data to one or more identified entities other than
the data subject, the data controller’s representative in the State’s territory, the data processor and
persons in charge of the processing in any form whatsoever, including by making available or
interrogating such data;
m) ‘dissemination’ shall mean disclosing personal data to unidentified entities, in any form
whatsoever, including by making available or interrogating such data;
n) ‘anonymous data’ shall mean any  data that either in origin or on account of its having been
processed cannot be associated with any identified or identifiable data subject;
o) ‘blocking’ shall mean keeping personal data by temporarily suspending any other processing
operation; 16
p) ‘data bank’ shall mean any organised set of personal data, divided into one or more units located
in one or more places;
q) ‘Garante’ shall mean the authority referred to in Section 153 as set up under Act no. 675 of 31
December 1996.
2. Furthermore, for the purposes of this Code,
a) ‘electronic communication’ shall mean any information exchanged or conveyed between a finite
number of parties by means of a publicly available electronic communications service. This does
not include any information conveyed as part of a broadcasting service  to the public over an
electronic communications network except to the extent that the information can be related to the
identifiable or identified subscriber or user receiving the information;
b) ‘call’ means a connection established by means of a publicly available telephone service
allowing two-way communication in real time;
c) ‘electronic communications network’ shall mean transmission systems and switching or routing
equipment and other resources which permit the conveyance of signals by wire, by radio, by optical
or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched,
including Internet) and mobile terrestrial networks, networks used for radio and television
broadcasting, electricity cable systems, to the  extent that they are used for the purpose of
transmitting signals, and cable television networks, irrespective of the type of information
conveyed;
d) ‘public communications network shall mean an electronic communications network used wholly
or mainly for the provision of publicly available electronic communications services;
e) ‘electronic communications service’ shall mean a service which consists wholly or mainly in the
conveyance of signals on electronic communications networks, including telecommunications
services and transmission services  in networks used for broadcasting, to the extent that this is
provided for in Article 2, letter c) of Directive 2202/21/EC of the European Parliament and of the
Council of 7 March 2002;
f) ‘subscriber’ shall mean any natural or legal person, body or association who or which is party to a
contract with the provider of publicly available electronic communications services for the supply
of such services, or is anyhow the recipient of such services by means of pre-paid cards;
g) ‘user’ shall mean a natural person using a publicly available electronic communications service
for private or business purposes, without necessarily being a subscriber to such service;
h) ‘traffic data’ shall mean any data processed for the purpose of the conveyance of a
communication on an electronic communications network or for the billing thereof;
i) ‘location data’ shall mean any data processed in an electronic communications network,
indicating the geographic position of the terminal equipment of a user of a publicly available
electronic communications service;
l) ‘value added service’ shall mean any service  which requires the processing of traffic data or
location data other than traffic data beyond  what is necessary for the transmission of a
communication or the billing thereof; 17
m) ‘electronic mail’ shall mean any text, voice, sound or image message sent over a public
communications network, which can be stored in  the network or in the recipient’s terminal
equipment until it is collected by the recipient.
3. And for the purposes of this Code,
a) ‘minimum measures’ shall mean the technical, informational, organizational, logistics and
procedural security measures affording the minimum level of protection which is required by
having regard to the risks mentioned in Section 31;
b) ‘electronic means’ shall mean computers,  computer software and any electronic and/or
automated device used for performing the processing;
c) “computerised authentication” shall mean a set of electronic tools and  procedures to verify
identity also indirectly,
d) “authentication credentials” shall mean the data and devices in the  possession of a person,
whether known by or uniquely related to the latter, that are used for computer authentication,
e) “password” shall mean the component of an authentication credential associated with and known
to a person, consisting of a sequence of characters or other data in electronic format,
f) “authorisation profile” shall mean the information uniquely associated with a person that allows
determining the data that may be accessed by said person as well as the processing operations said
person may perform,
g) “authorisation system” shall mean the tools and procedures enabling access to the data and the
relevant processing mechanisms as a function of the requesting party’s authorisation profile.
4. For the purposes of this Code,
a) "historical purposes" shall mean purposes related to studies, investigations, research and
documentation concerning characters, events and situations of the past;
b) "statistical purposes" shall mean purposes related to statistical investigations or the production of
statistical results, also by means of statistical information systems;
c) "scientific purposes" shall mean purposes related to studies and systematic investigations that are
aimed at developing scientific knowledge in a given sector.
Section 5
(Subject-Matter and Scope of Application)
1. This Code shall apply to the processing of personal data, including data held abroad, where the
processing is performed by any entity established either in the State’s territory or in a place that is
under the State’s sovereignty. 18
2. This Code shall also apply to the processing of personal data that is performed by an entity
established in the territory of a country outside the European Union, where said entity makes use in
connection with the processing of equipment, whether electronic or otherwise, situated in the
State’s territory, unless such equipment is used only for purposes of transit through the territory of
the European Union. If this Code applies, the data controller shall designate a representative
established in the State’s territory with a view to implementing the provisions concerning
processing of personal data.
3. This Code shall only apply to the processing of personal data carried out by natural persons for
exclusively personal purposes if the data are intended for systematic communication or
dissemination. The provisions concerning liability and security referred to in Sections 15 and 31
shall apply in any case.
3-bis. This Code shall not apply to the processing of personal data relating to legal persons,
companies, bodies or associations if such processing is performed within the framework of
relationships that are in place exclusively between the aforementioned entities for the administrative
and accounting purposes specified in Section 34(1-ter) hereof. [Added by section 6(2)a, item 1. of
decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no. 106 dated 12 July
2011]
Section 6
(Regulations Applying to Processing Operations)
1. The provisions contained in this Part shall apply to any processing operations except as specified
in connection with some processing operations by the provisions contained in Part II that amend
and/or supplement those laid down herein.
TITLE II – DATA SUBJECT’S  RIGHTS
Section 7
(Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain  confirmation as to whether or not personal data
concerning him exist, regardless of their being already recorded, and communication of such data in
intelligible form.
2. A data subject shall have the right to be informed
a) of the source of the personal data; 19
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic
means;
d) of the identification data concerning data controller, data processors and the
representative designated as per Section 5(2);
e) of the entities or categories of entity  to whom or which the personal data may be
communicated and who or which may get to know  said data in their  capacity as designated
representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain
 a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully,
including data whose retention is unnecessary for the purposes for which they have been collected
or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as
also related to their contents, to the entities to whom or which the data were communicated or
disseminated, unless this requirement proves impossible or involves a manifestly disproportionate
effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
 a) on legitimate grounds, to the processing of personal data concerning him/her, even though
they are relevant to the purpose of the collection;
 b) to the processing of personal data concerning him/her, where it is carried out for the
purpose of sending advertising materials or direct selling or else for the performance of market or
commercial communication surveys.
Section 8
(Exercise of Rights)
1. The rights referred to in Section 7 may be exercised by making a request to the data controller or
processor without formalities, also by the agency of a person in charge of the processing. A suitable
response shall be provided to said request without delay.
2. The rights referred to in Section 7 may not be exercised by making a request to the data controller
or processor, or else by lodging a complaint in pursuance of Section 145, if the personal data are
processed: 20
 a) pursuant to the provisions of decree-law no. 143 of  3 May 1991, as converted, with
amendments, into Act no. 197 of  5 July 1991 and subsequently amended, concerning money
laundering;
 b) pursuant to the provisions of decree-law no. 419 of 31 December 1991, as converted, with
amendments, into Act no. 172 of 18 February 1992 and subsequently amended, concerning support
for victims of extortion;
 c) by parliamentary Inquiry Committees set up as per Article 82 of the Constitution;
 d) by a public body other than a profit-seeking public body, where this is expressly required
by a law for purposes exclusively related to currency and financial policy, the system of payments,
control of brokers and credit and financial markets and protection of their stability;
 e) in pursuance of  Section 24(1), letter f), as regards the period during which performance
of the investigations by defence counsel or establishment of the legal claim might be actually and
concretely prejudiced;
 f) by providers of publicly available electronic communications services in respect of
incoming phone calls, unless this may be actually and concretely prejudicial to performance of the
investigations by defence counsel as per Act no. 397 of 7 December 2000;
 g) for reasons of justice by judicial authorities at all levels and of all instances as well as by
the Higher Council of the Judiciary or other self-regulatory bodies, or else by the Ministry of
Justice;
 h) in pursuance of Section 53, without prejudice to Act no. 121 of 1 April 1981.
3. In the cases referred to in paragraph 2, letters a), b), d), e) and f), the Garante, also following a
report submitted by the data subject, shall act as per Sections 157, 158 and 159; in the cases referred
to in letters c), g) and h) of said paragraph, the Garante shall act as per Section 160.
4. Exercise of the rights referred to in Section  7 may be permitted with regard to data of nonobjective character on condition that it does not concern rectification of or additions to personal
evaluation data in connection with judgments, opinions and other types of subjective assessment, or
else the specification of policies to be implemented or decision-making activities by the data
controller.
Section 9
(Mechanisms to Exercise Rights)
1. The request addressed to the data controller or processor may also be conveyed by means of a
registered letter, facsimile or e-mail. The Garante may specify other suitable arrangements with
regard to new technological solutions. If the request is related to exercise of the rights referred to in
Section 7(1) and (2), it may also be made verbally; in this case, it will be written down in summary
fashion by either a person in charge of the processing or the data processor. 21
2. The data subject may grant, in writing, power of attorney or representation to natural persons,
bodies, associations or organisations in connection with exercise of the rights as per Section 7. The
data subject may also be assisted by a person of his/her choice.
3. The rights as per Section 7, where related to the personal data concerning a deceased, may be
exercised by any entity that is interested therein or else acts to protect a data subject or for familyrelated reasons deserving protection.
4. The data subject’s identity shall be verified on the basis of suitable information, also by means of
available records or documents or by producing or attaching a copy of an identity document. The
person acting on instructions from the data subject must produce or attach a copy of either the proxy
or the letter of attorney, which shall have been undersigned by the data subject in the presence of a
person in charge of the processing or else shall bear the data subject's signature and be produced
jointly with a copy of an ID document from the data subject, which shall not have to be certified true
pursuant to law. If the data subject is a legal person, a body or association, the relevant request shall
be made by the natural person that is legally authorized thereto based on the relevant regulations or
articles of association.
5. The request referred to in Section 7(1) and (2) may be worded freely without any constraints and
may be renewed at intervals of not less than ninety days, unless there are well-grounded reasons.
Section 10
(Response to Data Subjects)
1. With a view to effectively exercising the rights referred to in Section 7, data controllers shall
take suitable measures in order to, in particular,
 
a) facilitate access to personal data by the data subjects, even by means of ad hoc software
allowing accurate retrieval of the data concerning individual identified or identifiable data subjects;
 b) simplify the arrangements and reduce the delay for the responses, also with regard to
public relations departments or offices.
2. The data processor or the person(s) in charge of the processing shall be responsible for retrieval
of the data, which may be communicated to the requesting party also verbally, or else displayed by
electronic means - on condition that the data are easily intelligible in such cases also in the light of
the nature and amount of the information. The data shall be reproduced on paper or magnetic media,
or else transmitted via electronic networks, whenever this is requested.
3. The response provided to the data subject shall include all the personal data concerning him/her
that are processed by the data controller, unless the request concerns either a specific processing
operation or specific personal data or categories of personal data. If the request is made to a health
care professional or health care body, Section 84(1) shall apply.
4. If data retrieval is especially difficult, the response to the data subject’s request may also consist
in producing or delivering copy of records and documents containing the personal data at stake. 22
5. The right to obtain communication of the data in intelligible form does not apply to personal data
concerning third parties, unless breaking down the processed data or eliminating certain items from
the latter prevents the data subject’s personal data from being understandable.
6. Data are communicated in intelligible form  also by using legible handwriting. If codes or
abbreviations are communicated, the criteria for understanding the relevant meanings shall be made
available also by the agency of the persons in charge of the processing.
7. Where it is not confirmed that personal data concerning the data subject exist, further to a request
as per Section 7(1) and (2), letters a), b) and c), the data subject may be charged a fee which shall
not be in excess of the costs actually incurred for the inquiries made in the specific case.
8. The fee referred to in paragraph 7 may not be in excess of the amount specified by the Garante in
a generally applicable provision, which may also refer to a lump sum to be paid in case the data are
processed by electronic means and the response is provided verbally. Through said instrument the
Garante may also provide that the fee may be charged if the personal data are contained on special
media whose reproduction is specifically requested, or else if a considerable effort is required by
one or more data controllers on account of the complexity and/or amount of the requests and
existence of data concerning the data subject can be confirmed.
9. The fee referred to in paragraphs 7 and 8 may also be paid by bank or postal draft, or else by
debit or credit card, if possible upon receiving the relevant response and anyhow within fifteen days
of said response.
TITLE III – GENERAL DATA PROCESSING RULES
CHAPTER I – RULES APPLYING TO ALL PROCESSING OPERATIONS
Section 11
(Processing Arrangements and Data Quality)
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 further
processing operations in a way that is not inconsistent with said purposes;
 c) accurate and, when necessary, kept up to date;
 d) relevant, complete and not excessive in relation to the purposes for which they are
collected or subsequently processed; 23
 e) kept in a form which permits identification of the data subject for no longer than is
necessary for the purposes for which the data were collected or subsequently processed.
2. Any personal data that is processed in breach of the relevant provisions concerning the
processing of personal data may not be used.
Section 12
(Codes of Conduct and Professional Practice)
1. The Garante shall encourage, within the framework of the categories concerned and in
conformity with the principle of representation, by having regard to the guidelines set out in
Council of Europe recommendations on the processing of personal data, the drawing up of codes of
conduct and professional practice for specific sectors, verify their compliance with laws and
regulations by also taking account of the considerations made by the entities concerned, and
contribute to adoption of and compliance with such codes.
2. The Garante shall be responsible for having the codes published in the Official Journal of the
Italian Republic; the codes shall be included into Annex A) to this Code based on a decree by the
Minister of Justice.
3. Compliance with the provisions included in the  codes referred to in paragraph 1 shall be a
prerequisite for the processing of personal data by public and private entities to be lawful.
4. The provisions of this Section shall also apply to the code of conduct on the processing of data
for journalistic purposes as adopted further to the encouragement provided by the Garante in
pursuance of paragraph 1 and Section 139.
Section 13
(Information to Data Subjects)
1. The data subject as well as any entity from whom or which personal data are collected shall be
preliminarily informed, either orally or in writing, as to:
 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 if (s)he fails to reply;
 d) the entities or categories of entity to whom or which the data may be communicated, or
who/which may get to know the data in their capacity as data processors or persons in charge of the
processing, and the scope of dissemination of said data; 24
 e) the rights as per Section 7;
 f) the identification data concerning the  data controller and, where designated, the data
controller’s representative in the State’s territory pursuant to Section 5 and the data processor. If
several data processors have been designated by the data controller, at least one among them shall
be referred to and either the site on the communications network or the mechanisms for easily
accessing the updated list of data processors shall be specified. If a data processor has been
designated to provide responses to data subjects in case the rights as per Section 7 are exercised,
such data processor shall be referred to.
2. The information as per paragraph 1 shall also contain the items referred to in specific provisions
of this Code and may fail to include certain items if the latter are already known to the entity
providing the data or their knowledge may concretely impair supervisory or control activities
carried out by public bodies for purposes related to defence or State security, or else for the
prevention, suppression or detection of offences.
3. The Garante may issue a provision to set out simplified information arrangements as regards, in
particular, telephone services providing assistance and information to the public.
4. Whenever the personal data are not collected  from the data subject, the information as per
paragraph 1, also including the categories of processed data, shall be provided to the data subject at
the time of  recording such data or, if their communication is envisaged, no later than when the data
are first communicated.
5. Paragraph 4 shall not apply
a) if the data are processed in compliance with an obligation imposed by a law, regulations
or Community legislation;
b) if the data are processed either for carrying out the investigations by defence counsel as
per Act no. 397 of 07.12.2000 or to establish or defend a legal claim, provided that the data are
processed exclusively for said purposes and for no longer than is necessary therefor;
c) if the provision of information to the data subject involves an effort that is declared by the
Garante to be manifestly disproportionate compared with the right to be protected, in which case the
Garante shall lay down suitable measures, if any, or if it proves impossible in the opinion of the
Garante.
5-bis. The information as per paragraph 1 shall not be necessary in case CVs are received that are
sent voluntarily by the relevant data subjects with a view to recruitment for job positions. When
first contacting a data subject that has sent his/her CV, the data controller shall be required to
provide such data subject, also verbally, with a short information notice that shall include at least
the items mentioned in paragraph 1, letters a., d., and f. . [Paragraph added by Section 6(2)a, item 2.
of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no. 106 dated 12 July
2011]  25
Section 14
(Profiling of Data Subjects and Their Personality)
1. No judicial or administrative act or measure involving the assessment of a person’s conduct may
be based solely on the automated processing of personal data aimed at defining the data subject’s
profile or personality.
2. The data subject may challenge any other decision that is based on the processing referred to in
paragraph 1, pursuant to Section 7(4), letter a),  unless such decision has been taken for the
conclusion or performance of a contract, further to a proposal made by the data subject or on the
basis of adequate safeguards laid down either by this Code or in a provision issued by the Garante
in pursuance of Section 17.
Section 15
(Damage Caused on Account of the Processing)
1. Whoever causes damage to another as a consequence of the processing of personal data shall be
liable to pay damages pursuant to Section 2050 of the Civil Code.
2. Compensation for non-pecuniary damage shall be also due upon infringement of Section 11.
Section 16
(Termination of Processing Operations)
1. Should data processing be terminated, for whatever reason, the data shall be
 a) destroyed;
 b) assigned to another data controller, provided they are intended for processing under terms
that are compatible with the purposes for which the data have been collected;
 c) kept for exclusively personal purposes, without being intended for systematic
communication or dissemination;
 d) kept or assigned to another controller for historical, scientific or statistical purposes, in
compliance with laws, regulations, Community legislation and the codes of conduct and
professional practice adopted in pursuance of Section 12. 26
2. Assignment of data in breach either of paragraph 1, letter b), or of other relevant provisions
applying to the processing of personal data shall be void.
Section 17
(Processing Operations Carrying Specific Risks)
1. Processing of data other than sensitive and judicial data shall be allowed in accordance with such
measures and precautions as are laid down to safeguard data subjects, if the processing is likely to
present specific risks to data subjects’  fundamental rights and freedoms and dignity on account of
the nature of the data, the arrangements applying  to the processing or the effects the latter may
produce.
2. The measures and precautions referred to in paragraph 1 shall be laid down by the Garante on the
basis of the principles set out in this Code within the framework of a check to be performed prior to
start of the processing as also related to specific categories of data  controller or processing,
following the request, if any, submitted by the data controller.
CHAPTER II – ADDITIONAL RULES APPLYING TO PUBLIC BODIES
Section 18
(Principles Applying to All Processing Operations Performed by Public Bodies)
1. The provisions of this Chapter shall apply to all public bodies except for profit-seeking public
bodies.
2. Public bodies shall only be permitted to process personal data in order to discharge their
institutional tasks.
3. In processing the data, public bodies shall abide by the prerequisites and limitations set out in this
Code, by having also regard to the different features of the data, as well as in laws and regulations.
4. Subject to the provisions of Part II as applying to health care professionals and public health care
organisations, public bodies shall not be required to obtain the data subject’s consent.
5. The provisions laid down in Section 25 as for communication and dissemination shall apply.
Section 19
(Principles Applying to the Processing of Data Other Than Sensitive and Judicial Data) 27
1. Public bodies may process data other than sensitive and judicial data also in the absence of laws
or regulations providing expressly for such processing, subject to Section 18(2).
2. Communication by a public body to other public bodies shall be permitted if it is envisaged by
laws or regulations. Failing such laws or regulations, communication shall be permitted if it is
necessary in order to discharge institutional tasks and may be started upon expiry of the term
referred to in Section 39(2) if it has not been provided otherwise as specified therein.
3. Communication by a public body to private entities  or profit-seeking public bodies as well as
dissemination by a public body shall only be permitted if they are provided for by laws or
regulations.
3-bis. The information concerning performance of the tasks committed to any person that is in
charge of public functions including the respective evaluation shall be made available by the public
employer. Except where provided for by law, no information may be disclosed concerning nature of
the medical conditions and/or personal or family circumstances resulting into a person’s absence
from the workplace or else the elements making up the evaluation or any information on the
employment relationship between the aforementioned public employee and the public employer if
they are suitable for disclosing any items of information referred to in section 4(1)d. hereof.
2
Section 20
(Principles Applying to the Processing of Sensitive Data)
1. Processing of sensitive data by public bodies  shall only be allowed where it is expressly
authorised by a law specifying the categories of data that may be processed and the categories of
operation that may be performed as well as the substantial public interest pursued.
2. Whenever the substantial public interest is specified by a law in which no reference is made to
the categories of sensitive data and the operations that may be carried out, processing shall only be
allowed with regard to the categories of data  and operation that have been specified and made
public by the entities processing such data, having regard to  the specific purposes sought in the
individual cases and in compliance with the principles referred to in Section 22, via regulations or
regulations-like instruments that shall be adopted pursuant to the opinion rendered by the Garante
under Section 154(1), letter g), also on the basis of draft models.
3. If the processing is not provided for expressly by a law, public bodies may request the Garante to
determine the activities that pursue a substantial public interest among those they are required to
discharge under the law. Processing of sensitive data shall be authorised in pursuance of Section
26(2) with regard to said activities, however it  shall only be allowed if the public bodies also
specify and make public the categories of data and operation in the manner described in paragraph
2.
4. The specification of the categories of data and operation referred to in paragraphs 2 and 3 shall be
updated and supplemented regularly.
                                             
2
 This paragraph was added by section 14(1)b. of Act no. 183/2010.  28
Section 21
(Principles Applying to the Processing of Judicial Data)
1.  Processing of judicial data by public bodies shall only be permitted where expressly authorized
by a law or an order of the Garante specifying the purposes in the substantial public interest
underlying such processing, the categories of data to be processed and the operations that may be
performed.
2. Section 20(2) and (4) shall also apply to processing of judicial data.
Section 22
(Principles Applying to the Processing of Sensitive Data as well as to Judicial Data)
1. Public bodies shall process sensitive and judicial data in accordance with arrangements aimed at
preventing breaches of data subjects’ rights, fundamental freedoms and dignity.
2. When informing data subjects as per Section 13, public bodies shall expressly refer to the
provisions setting out the relevant obligations or tasks, on which the processing of sensitive and
judicial data is grounded.
3. Public bodies may process exclusively such sensitive and judicial data as are indispensable for
them to discharge institutional tasks that  cannot be performed, on a  case by case basis, by
processing anonymous data or else personal data of a different nature
4. Sensitive and judicial data shall be collected, as a rule, from the data subject.
5. In pursuance of Section 11(1), letters c), d) and e), public bodies shall regularly check that
sensitive and judicial data are accurate and updated, and that they are relevant, complete, not
excessive and indispensable with regard to the purposes sought in the individual cases - including
the data provided on the data subject's initiative. With a view to ensuring that sensitive and judicial
data are indispensable in respect of their obligations and tasks, public bodies shall specifically
consider the relationship between data and tasks  to be fulfilled. No data that is found to be
excessive, irrelevant or unnecessary, also as a result of the above checks, may be used, except for
the purpose of keeping - pursuant to law - the record or document containing said data. Special care
shall be taken in checking that sensitive and judicial data relating to entities other than those which
are directly concerned by the service provided or the tasks to be fulfilled are indispensable.
6. Sensitive or judicial data that are contained in lists, registers or data banks kept with electronic
means shall be processed by using encryption techniques, identification codes or any other system
such as to make the data temporarily unintelligible also to the entities authorised to access them and
allow identification of the data subject only in case of necessity, by having regard to amount and
nature of the processed data.
7. Data disclosing health and sex life shall be kept separate from  any other personal data that is
processed for purposes for which they are not required. Said data shall be processed in accordance
with the provisions laid down in paragraph 6 also if they are contained in lists, registers or data
banks that are kept without the help of electronic means. 29
8. Data disclosing health may not be disseminated.
9. As for the sensitive and judicial data that are necessary pursuant to paragraph 3, public bodies
shall be authorized to carry out exclusively such processing operations as are indispensable to
achieve the purposes for which the processing is  authorized, also if the data are collected in
connection with discharging supervisory, control or inspection tasks.
10.  Sensitive and judicial data may not be processed within the framework of psychological and
behavioural tests aimed at defining the data subject’s profile or personality. Sensitive and judicial
data may only be matched as well as processed in pursuance of Section 14 if the grounds therefor
are preliminarily reported in writing.
11. In any case, the operations and processing referred to in paragraph 10, if performed by using
data banks from different data controllers, as well as the dissemination of judicial and sensitive data
shall only be allowed if they are expressly provided for by law.
12. This Section shall set out principles that are applicable to the processing operations provided for
by the Office of the President of the Republic, the Chamber of Deputies, the Senate of the Republic
and the Constitutional Court, in pursuance of their respective regulations.
CHAPTER III – ADDITIONAL RULES APPLYING TO PRIVATE BODIES
AND PROFIT-SEEKING PUBLIC BODIES
Section 23
(Consent)
1. Processing of personal data by private entities  or profit-seeking public bodies shall only be
allowed if the data subject gives his/her express consent
2. The data subject’s consent may refer either to the processing as a whole or to one or more of the
operations thereof.
3. The data subject’s consent shall only be deemed to be effective if it is given freely and
specifically with regard to a clearly identified processing operation, if it  is documented in writing,
and if the data subject has been provided with the information referred to in Section 13.
4. Consent shall be given in writing if the processing concerns sensitive data.
Section 24
(Cases in Which No Consent Is Required for Processing Data)
1. Consent shall not be required in the cases referred to in Part II as well as if the processing 30
a) is necessary to comply with an obligation imposed by a law, regulations or Community
legislation;
 b) is necessary for the performance of obligations resulting from a contract to which the data
subject is a party, or else in order to comply with specific requests made by the data subject prior to
entering into a contract;
 c) concerns data taken from  public registers, lists, documents or records that are publicly
available, without prejudice to the limitations  and modalities laid down by laws, regulations and
Community legislation with regard to their disclosure and publicity;
 d) concerns data relating to economic activities that are processed in compliance with the
legislation in force as applying to business and industrial secrecy;
 e) is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns
the data subject and the latter cannot give his/her consent because (s)he is physically unable to do
so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the
entity legally representing the data subject, or  else by a next of kin, a family member, a person
cohabiting with the data subject or, failing these, the manager of the institution where the data
subject is hosted. Section 82(2) shall apply;
 f) is necessary for carrying out the investigations by defence counsel referred to in Act no.
397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed
exclusively for said purposes and for no longer than is necessary therefor by complying with the
legislation in force concerning business and industrial secrecy, dissemination of the data being ruled
out;
 g) is necessary to pursue a legitimate interest of either the data controller or a third party
recipient in the cases specified by the Garante on the basis of the principles set out under the law,
unless said interest is overridden by the data subject’s rights and fundamental freedoms, dignity or
legitimate interests, dissemination of the data being ruled out; [Amended by Section 6(2)a, item 3.
of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no. 106 dated 12 July
2011]
h) except for external communication and dissemination, is carried out by no-profit
associations, bodies or organisations, recognised or not, with regard either to entities having regular
contacts with them or to members in order to achieve specific, lawful purposes as set out in the
relevant memorandums, articles of association or collective agreements, whereby the mechanisms
of utilisation are laid down expressly in a resolution that is notified to  data subjects with the
information notice provided for by Section 13,
 i) is necessary exclusively for scientific and statistical purposes in compliance with the
respective codes of professional practice referred to in Annex A), or else exclusively for historical
purposes in connection either with private archives that have been declared to be of considerable
historical interest pursuant to Section 6(2)  of legislative decree no. 499 of 29 October 1999,
adopting the consolidated statute on cultural and  environmental heritage, or with other private
archives pursuant to the provisions made in the relevant codes;
i-bis) concerns information contained in the CVs as per Section 13(5-bis); [Added by Section 6(2)a,
item 3. of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no. 106 dated
12 July 2011] 31
i-ter) except for dissemination and subject to Section 130 hereof, concerns communication of data
between companies, bodies and/or associations  and parent, subsidiary and/or related companies
pursuant to Section 2359 of the Civil Code, or between the former and jointly controlled companies,
or between consortiums, corporate networks and/or corporate joint ventures and the respective
members, for the administrative and accounting purposes specified in Section 34(1-ter) hereof,
providing such purposes are expressly referred to in a decision that shall be disclosed to data
subjects jointly with the information notice referred to in Section 13  hereof. [Added by Section
6(2)a,  item 3. of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no.
106 dated 12 July 2011]
Section 25
(Bans on Communication and Dissemination)
1. Communication and dissemination shall be prohibited if an order to this effect has been issued by
either the Garante or judicial authorities, as well as
a) with regard to personal data that must be erased by order, or else upon expiry of the term
referred to in Section 11(1), letter e),
b) for purposes other than those specified in the notification, whenever the latter is to be
submitted.
2. This shall be without prejudice to communication and dissemination of the data as requested,
pursuant to law, by police, judicial authorities, intelligence and security agencies and other public
bodies according to Section 58(2), for purposes of defence or relating to State security, or for the
prevention, detection or suppression of offences.
Section 26
(Safeguards Applying to Sensitive Data)
1. Sensitive data may only be processed with the data subject’s written consent and the Garante’s
prior authorisation, by complying with the prerequisites and limitations set out in this Code as well
as in laws and regulations.
2. The Garante shall communicate its decision concerning the request for authorisation within fortyfive days; failing a communication  at the expiry of said term, the request shall be regarded as
dismissed. Along with the authorisation or thereafter, based also on verification, the Garante may
provide for measures and precautions in order to safeguard the data subject, which the data
controller shall be bound to apply.
3. Paragraph 1 shall not apply to processing
 a) of the data concerning members of religious denominations and entities having regular
contact with said denominations for exclusively religious purposes, on condition that the data are
processed by the relevant organs or bodies recognised under civil law and are not communicated or 32
disseminated outside said denominations. The latter shall lay down suitable safeguards with regard
to the processing operations performed by complying with the relevant principles as set out in an
authorisation by the Garante;
b) of the data concerning affiliation of trade unions and/or trade associations or
organisations to other trade unions and/or trade associations, organisations or confederations;
b-bis) of the data contained in CVs under the terms set forth in Section 13(5-bis) hereof.
[Added by Section 6(2)a, item 4. of decree no. 70 dated 13 May 2011 as converted, with
amendments, into Act no. 106 dated 12 July 2011]
4. Sensitive data may also be processed without consent, subject to the Garante’s authorisation,
a) if the processing is carried out for specific, lawful purposes as set out in the relevant
memorandums, articles of association or collective agreements by not-for-profit associations, bodies
or organisations, whether recognised or not, of political, philosophical, religious or trade-unionist
nature, including political parties and movements, with regard to personal data concerning members
and/or entities having regular contacts with said associations, bodies or organisations in connection
with the aforementioned purposes, provided that the data are not communicated or disclosed outside
and the bodies, associations or organisations  lay down suitable safeguards in respect of the
processing operations performed by expressly setting out the arrangements for using the data
through a resolution that shall be made known to data subjects at the time of providing the
information under Section 13;
b) if the processing is necessary to protect a  third party’s life or bodily integrity. If this
purpose concerns the data subject and the latter cannot give his/her consent because (s)he is
physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent
shall be given by the entity legally representing the data subject, or else by a next of kin, a family
member, a person cohabiting with the data subject or, failing these, the manager of the institution
where the data subject is hosted. Section 82(2) shall apply;
c) if the processing is necessary for carrying out the investigations by defence counsel
referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that
the data are processed exclusively for said purposes and for no longer than is necessary therefor.
Said claim must not be overridden by the data subject’s claim, or else must consist in a personal
right or another fundamental, inviolable right or freedom, if the data can disclose health and sex
life;
d) if the processing is necessary to comply with specific obligations and/or tasks laid down
by laws, regulations or Community legislation in  the employment context, also with regard to
occupational and population hygiene and safety and to social security and assistance purposes, to
the extent that it is provided for in the authorisation and subject to the requirements of the code of
conduct and professional practice referred to in Section 111.
5. Data disclosing health may not be disseminated. 33
Section 27
(Safeguards Applying to Judicial Data)
1. Processing of judicial data by private entities and profit-seeking public bodies shall be permitted
only where expressly authorized by a law or an order by the Garante specifying the reasons in the
substantial public interest underlying such processing, the categories of processed data and the
operations that may be performed.
TITLE IV – ENTITIES PERFORMING PROCESSING
OPERATIONS
Section 28
(Data Controller)
1. Whenever processing operations are carried out by a legal person, a public administrative agency
or any other body, association or organisation, the data controller shall be either the entity as a
whole or the department or peripheral unit having fully autonomous decision-making powers in
respect of purposes and mechanisms of said processing operations as also related to security
matters.
Section 29
(Data Processor)
1. The data processor may be designated by the data controller on an optional basis.
2. Where designated, the data processor shall be selected among entities that can appropriately
ensure, on account of their experience, capabilities and reliability, thorough compliance with the
provisions in force applying to processing as also related to security matters.
3. If necessary on account of organizational requirements, several entities may be designated as data
processors also by subdividing the relevant tasks.
4. The tasks committed to the data processor shall be detailed in writing by the data controller.
5. The data processor shall abide by the instructions given by the data controller in carrying out the
processing. The data controller shall supervise over thorough compliance with both said instructions
and the provisions referred to in paragraph 2, also by means of regular controls. 34
Section 30
(Persons in Charge of the Processing)
1. Processing operations may only  be performed by persons in charge of the processing that act
under the direct authority of either the data controller or the data processor by complying with the
instructions received.
2. The aforementioned persons shall be nominated in writing by specifically referring to the scope
of the processing operations that are permitted. This requirement shall be also fulfilled if a natural
person is entrusted with the task of directing a department, on a documentary basis, whereby the
scope of the processing operations that may be performed by the staff working in said department
has been specified in writing.
TITLE V – DATA AND SYSTEM SECURITY
CHAPTER I – SECURITY MEASURES
Section 31
(Security Requirements)
1. Personal data undergoing processing shall be kept and controlled, also  in consideration of
technological innovations, of their nature and the specific features of the processing, in such a way
as to minimise, by means of suitable preventative security measures, the risk of their destruction or
loss, whether by accident or not, of unauthorized access to the data or of processing operations that
are either unlawful or inconsistent with the purposes for which the data have been collected.
Section 32
(Specific Categories of Data Controller)
1. The provider of a publicly available electronic communications service shall take suitable
technical and organisational measures under Section 31 that are adequate in the light of the existing
risk, in order to safeguard security of its services and integrity of traffic data, location data and
electronic communications against any form of unauthorised utilisation or access.
2. Whenever security of service or personal data makes it necessary to also take measures applying
to the network, the provider of a publicly available electronic communications service shall take
those measures jointly with the provider of the public communications network. Failing an
agreement between said providers, the dispute shall be settled, at the instance of either provider, by
the Authority for Communications Safeguards in  pursuance of the arrangements set out in the
legislation in force. 35
3. In case of a particular risk of a breach of network security, the provider of a publicly available
electronic communications service shall inform subscribers and, if possible, users concerning said
risk and, when the risk lies outside the scope of the measures to be taken by said provider pursuant
to paragraphs 1 and 2, of all  the possible remedies including an indication of the likely costs
involved. This information shall be also provided to the Garante and the Authority for
Communications Safeguards.
CHAPTER II – MINIMUM SECURITY MEASURES
Section 33
(Minimum Security Measures)
1. Within the framework of the more general security requirements referred to in Section 31, or else
provided for by specific regulations, data controllers shall be required in any case to adopt the
minimum security measures pursuant either to this Chapter or to Section 58(3) in order to ensure a
minimum level of personal data protection.
Section 34
(Processing by Electronic Means)
1. Processing personal data by electronic means shall only be allowed if the minimum security
measures referred to below are adopted in accordance with the arrangements laid down in the
technical specifications as per Annex B:
 a) computerised authentication,
 b) implementation of authentication credentials management procedures,
 c) use of an authorisation system,
 d) regular update of the specifications concerning scope of the processing operations that
may be performed by the individual entities in charge of managing and/or maintenancing electronic
means,
 e) protection of electronic means and data against unlawful data processing operations,
unauthorised access and specific software,
 f) implementation of procedures for safekeeping backup copies and restoring data and
system availability,
 g) keeping an up-to-date security policy document, 36
 h) implementation of encryption techniques or identification codes for specific processing
operations performed by health care bodies in respect of data disclosing health and sex life.
1-bis.
3
 Where an entity only processes non-sensitive personal data or else sensitive and judicial data
that relate to the respective employees and collaborators, including non-EU  nationals,  and/or to
their spouses and/or relatives, the obligation to keep an updated security policy document shall be
replaced by the obligation for the data controller to issue a self-executing affidavit, in pursuance of
section 47 of the consolidated statute referred to in Presidential decree no. 445 dated 28 December
2000, certifying that only the data in question are processed in compliance with the minimum
security measures laid down herein as well as in the technical specifications document contained in
Annex B hereto. As regards the said processing operations as well as any processing that is carried
out for standard administrative and accounting purposes, in particular by SMEs, self-employed
professionals, and handicrafts, the Garante shall determine, by own decision to be updated on a
regular basis, having consulted  with the Minister for De-Regulation and the Minister for Public
Administration, simplified arrangements to implement the technical specifications contained in the
said Annex B with a view taking the minimum measures mentioned in paragraph 1. [Amended by
Section 6(2)a, item 5. of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act
no. 106 dated 12 July 2011]
1-ter. For the purpose of applying the provisions concerning the protection of personal data, a
processing operation performed for administrative and accounting purposes shall by any processing
operation that is related to the performance of organizational, administrative, financial and
accounting activities irrespective of the nature of the processed data. The said purposes apply, in
particular, to in-house organizational activities, the activities aimed at fulfilling contractual and precontractual obligations, managing employer-employee relationships, keeping accounting records,
and implementing the legislation  on taxation, trade unions, social security and welfare, and
occupational health and safety. [Added by Section 6(2)a, item 5. of decree no. 70 dated 2011 as
converted, with amendments, into Act no. 106 dated 12 July 2011]
Section 35
(Processing without Electronic Means)
1. Processing personal data without electronic means shall only be allowed if the minimum security
measures referred to below are adopted in accordance with the arrangements laid down in the
technical specifications as per Annex B:
 a) regular update of the specifications concerning scope of the processing operations that
may be performed by the individual entities in charge of the processing and/or by the individual
organisational departments,
 b) implementing procedures such as to ensure safekeeping of records and documents
committed to the entities in charge of the processing for the latter to discharge the relevant tasks,
 c) implementing procedures to keep certain records in restricted-access filing systems and
regulating access mechanisms with a view to enabling identification of the entities in charge of the
processing.
                                             
3
 Paragraph added by Section 29(1) of decree-law no. 112 dated 25 June 2008, as converted, with amendments, into Act
no. 133 dated 6 August 2008.  37
Section 36
4
(Upgrading)
1. The technical specifications as per Annex B concerning the minimum measures referred to in this
Chapter shall be regularly updated by a decree of the Minister of Justice issued in agreement with
the Minister for Innovation and Technologies and the Minister for De-Regulation by having regard
to both technical developments and the experience gathered in this sector.
TITLE VI – PERFORMANCE OF SPECIFIC TASKS
Section 37
(Notification of the Processing)
1. A data controller shall notify the processing of personal data he/she intends to perform
exclusively if said processing concerns:
 a) genetic data, biometric data, or other data disclosing geographic location of individuals or
objects by means of an electronic communications network,
 b) data disclosing health and sex life where processed for the purposes of assisted
reproduction, provision of health care services via electronic networks in connection with data banks
and/or the supply of goods, epidemiological surveys, diagnosis of mental, infectious and epidemic
diseases, seropositivity, organ and tissue transplantation and monitoring of health care expenditure,
 c) data disclosing sex life  and the psychological sphere where processed by not-for-profit
associations, bodies or organisations, whether recognised or not,  of a political, philosophical,
religious or trade-union character,
 d) data processed with the help of electronic means aimed at profiling the data subject and/or
his/her personality, analysing consumption patterns and/or choices, or monitoring use of electronic
communications services except for such processing operations as are technically indispensable to
deliver said services to users,
 e) sensitive data stored in data banks for personnel selection purposes on behalf of third
parties, as well as sensitive data used for opinion polls, market surveys and other sample-based
surveys,
 f) data stored in ad-hoc data banks managed by electronic means in connection with
creditworthiness, assets and liabilities, appropriate performance of obligations, and unlawful and/or
fraudulent conduct.
                                             
4
 This paragraph was amended by Section 29(5-bis) of decree law no. 112 dated 25 June 2008, as converted, with
amendments, into Act no. 133 dated 6 August 2008. 38
1-bis.
5
 The notification relating to the data referred to in paragraph 1 shall not be required if it
concerns the activity carried out by general practitioners and/or freely chosen paediatricians, as the
relevant functions are typical of their professional relationships with the National Health Service.
2. The Garante may specify, by means of a decision  that shall be adopted also in pursuance of
Section 17, additional processing operations that are liable to affect the data subjects’ rights and
freedoms on account of the relevant mechanisms and/or the nature of the personal data at stake. By
means of a similar decision to be published in the Official Journal of  the Italian Republic, the
Garante may also specify the processing operations among those referred to in paragraph 1 that are
not liable to be prejudicial in the way described above and are therefore exempted from notification.
3. The notification shall be submitted by means of a single form also if the processing entails crossborder data flows.
4. The Garante shall enter the notifications submitted as above into a publicly available register of
processing operations and shall set out the mechanisms for such register to be interrogated free of
charge via electronic networks, also by means of agreements with public bodies or else at the Office
of the Garante. Any information that is accessed by interrogating said register may only be
processed for the purpose of implementing personal data protection legislation.
Section 38
(Notification Mechanisms)
1. The notification of processing operations shall have to be submitted to the Garante in advance of
the processing and once only, regardless of the number of operations to be performed and the
duration of the processing, and may concern one or more processing  operations for related
purposes.
2.
6
 A notification shall only be effective if it is transmitted via the Garante’s website by using the
ad-hoc form, which shall contain the request to provide all the following pieces of information:
a. information to identify the data controller and, where appropriate, his/her representative,
as well as the arrangements to identify the data processor if the latter has been appointed;
b. the purpose(s) of the processing;
c. a description of the category/categories of  data subject and the data or data categories
related to the said category/categories of data subject;
d. the data recipients or the categories of data recipient;
e. data transfers to third countries, where envisaged;
f. a general description that shall allow assessing beforehand whether the measures adopted
to ensure security of the processing are adequate.
3. The Garante shall enhance both availability of the electronic form and submission of notifications
also by means of agreements with authorised entities pursuant to the legislation in force, including
trade associations and professional councils.
                                             
5
 This paragraph was added by Section 2-quinquies of Decree-Law no. 81 of 29
th
 March 2004, converted into Act no.
138 of 26
th
 May 2004.
6
 This paragraph was replaced by Section 29(4) of decree law no. 112 dated 25 June 2008, as converted, with
amendments, into Act no. 133 dated 6 August 2008.  39
4. A new notification shall only have to be submitted either prior to termination of processing
operations or in connection with  the modification of any of the  items to be specified in the
notification.
5. The Garante may set out further appropriate arrangements for notification by having regard to
new technological solutions as referred to in the legislation in force.
6. Where a data controller is not required to submit a notification to the Garante in pursuance of
Section 37, he/she shall make available the information contained in the form as per paragraph 2 to
any person requesting it, unless the processing operations concern public registers, lists, records or
publicly available documents.
Section 39
(Communication Obligations)
1. Data controllers shall be required to communicate what follows in advance to the Garante:
 a) that personal data are to be communicated by a public body to another public body in the
absence of specific laws or regulations, irrespective of the form taken by such communication and
also in case the latter is based on an agreement,
 b) that data disclosing health are to be processed in pursuance of the biomedical or health
care research programme referred to in Section 110(1), first sentence.
2. The processing operations that are the subject of a communication as per paragraph 1 may start
after 45 days have elapsed since receipt of the relevant communication,  except as provided
otherwise by the Garante also thereafter.
3. The communication as per paragraph 1 shall be given by using the form drawn up and made
available by the Garante; it shall be transmitted to the latter either electronically in compliance with
the digital signature and receipt confirmation mechanisms outlined in Section 38(2), or by facsimile or registered letter.
Section 40
(General Authorisations)
1. The provisions of this Code referring to an authorisation to be granted by the Garante shall also
be implemented by issuing authorisations applying  to specific categories of data controller or
processing, which shall be published in the Official Journal of the Italian Republic. 40
Section 41
(Authorisation Requests)
1. Data controllers falling under the scope of application of an authorisation issued pursuant to
Section 40 shall not be required to lodge an authorisation request with the Garante if the processing
they plan to perform is compliant with the relevant provisions.
2.If an authorisation request concerns a processing operation that has been authorised pursuant to
Section 40, the Garante may decide nevertheless to take steps regarding said request on account of
the specific modalities of the processing.
3. Any authorisation request shall be submitted by using exclusively the form drawn up and made
available by the Garante, and shall be transmitted to the latter electronically in compliance with the
arrangements applying to digital signature and receipt confirmation as per Section 38(2). Said
request and authorisation may also be transmitted by fac-simile or registered letter.
4. If the requesting party is  called upon by the Garante to provide information or produce
documents, the forty-five-day period referred to in Section 26(2) shall start running from the date of
expiry of the term for complying with the above request.
5. Under special circumstances, the Garante may issue a provisional, time-limited authorisation.
TITLE VII – TRANSBORDER DATA FLOWS
Section 42
(Data Flows in the EU)
1. The provisions of this Code shall not be applied in such a way as to restrict or prohibit the free
movement of personal data among EU Member States, subject to the taking of measures under this
Code in case data are transferred in order to escape application of said provisions.
Section 43
(Permitted Data Transfers to Third Countries)
1. Personal data that are the subject of processing may be transferred from the State’s territory to
countries outside the European Union, temporarily or not and in any form and by any means
whatsoever,
 a) if the data subject has given his/her consent either expressly  or, where the transfer
concerns sensitive data, in writing; 41
 b) if the transfer is necessary for the performance of obligations resulting from a contract to
which the data subject is a party, or to take steps at the data subject’s request prior to entering into a
contract, or for the conclusion or performance of a contract made in the interest of the data subject;
 c) if the transfer is necessary for safeguarding a substantial public interest that is referred to
by laws or regulations, or else  that is specified in pursuance of Sections 20 and 21 where the
transfer concerns sensitive or judicial data;
d) if the transfer is necessary to safeguard a  third party’s life or bodily integrity. If this
purpose concerns the data subject and the latter cannot give his/her consent because (s)he is
physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent
shall be given by the entity legally representing the data subject, or else by a next of kin, a family
member, a person cohabiting with the data subject or, failing these, the manager of the institution
where the data subject is hosted. Section 82(2) shall apply;
 e) if the transfer is necessary for carrying out the investigations by defence counsel referred
to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data
are transferred exclusively for said purposes and for no longer than is necessary therefor in
compliance with the legislation in force applying to business and industrial secrecy;
 f) if the transfer is carried out in response to a request for access to administrative records or
for information contained in a publicly available register, list, record or document, in compliance
with the provisions applying to this subject-matter;
g) if the transfer is necessary, pursuant to the relevant codes of conduct referred to in Annex
A), exclusively for scientific or statistical purposes, or else exclusively for historical purposes, in
connection with private archives that have been declared to be of considerable historical interest
under Section 6(2) of legislative decree no.  490 of 29 October 1999, enacted to adopt the
consolidated statute on cultural and environmental heritage, or else in connection with other private
archives pursuant to the provisions made in said codes;
h) if the processing concerns data relating to legal persons, bodies or associations.
Section 44
7
(Other Permitted Data Transfers)
1. The transfer of processed personal data to a non-EU Member State shall also be permitted if it is
authorised by the Garante on the basis of adequate safeguards for data subjects’ rights
 a) as determined by the Garante also in connection with contractual safeguards, or else by
means of rules of conduct as in force within the framework of companies all belonging to the same
group. A data subject may establish his/her rights in the State’s territory as set forth by this Code
also with regard to non-compliance with the aforementioned safeguards.
                                             
7
 Letter a. of this paragraph was amended by section 29(5-bis) of decree law no. 112 dated 25 June 2008, as converted,
with amendments, into Act no. 133 dated 6 August 2008. 42
 b) as determined via the decisions referred  to in Articles 25(6) and 26(4) of Directive
95/46/EC of the European Parliament and of the Council, of 24 October 1995, through which the
European Commission may find that a non-EU Member State affords an adequate level of
protection, or else that certain contractual clauses afford sufficient safeguards.
Section 45
(Prohibited Data Transfers)
1. Apart from the cases referred to in Sections 43 and 44, it shall be prohibited to transfer personal
data that are the subject of processing from the State’s territory to countries outside the European
Union, temporarily or not and in any form and by any means whatsoever, if the laws of the country
of destination or transit of the  data do not ensure an adequate level of protection of individuals.
Account shall also be taken of the methods used for the transfer and the envisaged processing
operations, the relevant purposes, nature of the data and security measures. 43
PART II – PROVISIONS APPLYING TO SPECIFIC
SECTORS 44
TITLE I – PROCESSING OPERATIONS IN THE JUDICIAL
SECTOR
CHAPTER I – IN GENERAL
Section 46
(Data Controllers)
1. Judicial offices at all levels and of all instances, the Higher Council of the Judiciary, the other
self-regulatory bodies and the Ministry of Justice shall act as controllers of the processing
operations concerning personal data in connection with the tasks respectively conferred on them by
laws and/or regulations.
2. The non-occasional processing operations referred to in paragraph 1 that are performed by
electronic means shall be specified in a decree by the Minister of Justice as per Annex C) to this
Code where they concern data banks that are either centralised or interconnected with regard to
several offices and/or data controllers. The provisions by which the Higher Council of the Judiciary
and the other self-regulatory bodies referred to in paragraph 1 specify the processing operations
they respectively perform shall be included into Annex C) pursuant to a decree by the Minister of
Justice.
Section 47
(Processing Operations for Purposes of Justice)
1. As for the processing of personal data carried out by judicial offices at all levels and of all
instances, by the Higher Council of the Judiciary, other self-regulatory bodies and the Ministry of
Justice, the following provisions of the Code shall not apply if the processing is carried out for
purposes of justice:
 a) Sections 9, 10, 12, 13 and 16, 18 to 22, 37, 38 (paragraphs 1 to 5), and 39 to 45;
 b) Sections 145 to 151.
2. For the purposes of this Code, personal data shall be considered to be processed for purposes of
justice if the processing is directly related to the judicial handling of matters and litigations, or if it
produces direct effects on the functioning of courts as regards  legal and economic status of
members of the judiciary, as well as if it is related to auditing activities carried out in respect of
judicial offices. Conventional administrative and management activities regarding personnel, assets
or facilities shall not be considered to be carried out for purposes of justice if they do not affect the
secrecy of acts that are directly related to the handling of matters and litigations referred to above. 45
Section 48
(Data Banks of Judicial Offices)
1. Where judicial authorities at all levels and of all instances may acquire data, information, records
and documents from public bodies pursuant to the procedural regulations in force, such acquisition
may also take place electronically. To that end, judicial offices may avail themselves of the standard
agreements made by the Minister of Justice with public bodies in order to facilitate interrogation by
said offices of public registers, lists, filing systems and data banks via electronic communication
networks, whereby compliance with the relevant provisions as well as with the principles laid down
in Sections 3 and 11 of this Code shall have to be ensured.
Section 49
(Implementing Provisions)
1. The regulatory provisions required to implement the principles of this Code with regard to civil
and criminal matters shall be adopted by means of a decree of the Minister of Justice, which shall
also supplement the provisions laid down in decree no. 334 of 30 September 1989 by the Minister
of Justice
CHAPTER II – CHILDREN
Section 50
(Reports or Images Concerning Underage Persons)
1. The prohibition to publish and disseminate, by any means whatsoever, reports or images allowing
an underage person to be identified, which is referred to in Section 13 of Presidential Decree no.
448 of 22 September 1988, shall also apply if an underage person is involved for whatever reason in
judicial proceedings concerning non-criminal matters.
CHAPTER III – LEGAL INFORMATION SERVICES
Section 51
(General Principles)
1. Without prejudice to procedural regulations on viewing and obtaining abstracts and copies of
records and documents, the data identifying matters pending before judicial authorities at all levels
and of all instances shall be made accessible to  any entity interested therein also by means of 46
electronic communications networks, including the  institutional sites of said authorities on the
Internet.
2. Judgments and other decisions of judicial authorities at all levels and of all instances that have
been deposited with the court’s clerk’s office  shall be made accessible also by means of the
information systems and institutional sites of said authorities on the Internet, in compliance with the
precautions referred to in this Chapter.
Section 52
(Information Identifying Data Subjects)
1. Without prejudice to the provisions that regulate drawing up and contents of judgments and other
measures by judicial authorities at all levels and of all instances, a data subject may request on
legitimate grounds, by depositing the relevant application with either the court’s clerk’s office or
the secretariat of the authority in charge of the proceeding, prior to finalisation of the latter, that said
office or secretariat add a notice to the original text of the judgment or measure to the effect that the
data subject’s name and other identification data as reported in the judgment or measure must not be
referred to if said judgment or measure are to be reproduced in whatever form for legal information
purposes on legal journals, electronic media or else by means of electronic communication
networks.
2. The judicial authority issuing the judgment and/or taking the measure at stake shall decide on the
request referred to in paragraph 1 by an order without further formalities. Said authority may order
of its own motion that the notice as per paragraph 1 be added in order to protect data subjects’ rights
or dignity.
3. In the cases as per paragraphs 1 and 2, the court’s clerk’s office or secretariat shall add and
undersign, also by stamping it, the following notice upon depositing the relevant judgment or
measure, by also referring to this Section: “In case of disclosure, leave out name(s) and other
identification data concerning …”.
4. If judgments or other measures, or the corresponding headnotes, bearing the notice as per
paragraph 2 are disclosed also by third parties, the data subject’s name and other identification data
shall be omitted.
5. Without prejudice to Section 734-bis of the Criminal Code as applying to victims of sexual
violence, whoever discloses judgments or other measures by judicial authorities at all levels and of
all instances shall be required to omit, in any case, name(s), other identification data and other
information, also concerning third parties, that may allow detecting - directly or not - the identity of
children or else of parties to proceedings concerning family law and civil status – irrespective of the
absence of the notice referred to in paragraph 2.
6. The provisions of this Section shall also apply in case an award under Section 825 of the Civil
Procedure Code is deposited. A party may lodge the request as per paragraph 1 with the arbitrators
prior to issuing of the relevant award, and the arbitrators shall add the notice referred to in
paragraph 3 to their award also in pursuance of  paragraph 2. The arbitration panel set up at the
Arbitration Chamber for Public Works under Section 32 of Act no. 109 of 11 February 1994 shall
proceed accordingly in case a party lodges the relevant request. 47
7. Except for the cases referred to in this Section, the contents of judgments and other judicial
measures may be disclosed in full in whatever form.
TITLE II – PROCESSING OPERATIONS BY THE POLICE
CHAPTER I – IN GENERAL
Section 53
(Scope of Application and Data Controllers)
1. The following provisions of this Code shall not apply to the processing of personal data that is
carried out either by the Data Processing Centre at the Public Security Department or by the police
with regard to the data that are intended to be transferred to said centre under the law, or by other
public bodies or public security entities for the purpose of protecting public order and security, the
prevention, detection or suppression of offences as expressly provided for by laws that specifically
refer to such processing:
 a) Sections 9, 10, 12, 13 and 16, 18 to 22, 37, 38(1) to (5), and 39 to 45;
 b) Sections 145 to 151.
2. The non-occasional processing operations referred to in paragraph 1 as performed by electronic
means and the relevant data controllers shall be specified in a  decree by the Minister for Home
Affairs, which shall be annexed to this Code as Annex C).
Section 54
(Processing Mechanisms and Data Flows)
1. Whenever public security authorities or the  police may acquire data, information, records and
documents from other entities in accordance with the laws and regulations in force, such acquisition
may also take place by electronic means. To that end, the bodies or offices concerned may avail
themselves of agreements aimed at facilitating interrogation by said bodies or offices, via electronic
communication networks, of public registers, lists, filing systems and data banks in pursuance of the
relevant provisions as well as of the principles laid down in Sections  3 and 11. Such standard
agreements shall be adopted by the Minister for Home Affairs following a favourable opinion given
by the Garante, and shall set out arrangements for  connections and accesses also with a view to
ensuring selective access exclusively to the data required to achieve the purposes referred to in
Section 53. 48
2. The data processed for the purposes referred to in Section 53 shall be kept separately from those
that are stored for administrative purposes, which do not require their use.
3. Subject to the provisions made in Section 11, the Data Processing Centre referred to in Section
53 shall be responsible for ensuring that the personal data undergoing processing are regularly
updated, relevant and not excessive, also by interrogating – as authorised – the register held by the
Criminal Records Office and the register of pending criminal proceedings at the Ministry of Justice
pursuant to Presidential Decree no. 313 of 14 November 2002 as well as other police data banks
that are required for the purposes referred to in Section 53.
4. Police bodies, offices and headquarters shall regularly verify compliance with the requirements
referred to in Section 11 with regard to the data processed with or without electronic means, and
shall update such data also based on the procedures adopted by the Data Processing Centre in
pursuance of paragraph 3; alternatively, notices and other remarks may be added to the documents
containing the processed data if the processing is carried out without electronic means.
Section 55
(Specific Technology)
1. Where the processing of personal data carries higher risks of harming data subjects by having
regard, in particular, to genetic or biometric data banks, technology based on location data, data
banks based on particular data processing techniques and the implementation of special technology,
the measures and precautions aimed at safeguarding data subjects shall have to be complied with as
required by Section 17 and prior communication shall have to be given to the Garante as per
Section 39.
Section 56
(Safeguards for Data Subjects)
1. The provisions referred to in Section 10, paragraphs 3 to 5, of Act no. 121 of 1 April 1981 as
subsequently amended shall also apply to data that are processed with electronic means by police
bodies, offices or headquarters as well as to the data that are intended to be transferred to the Data
Processing Centre referred to in Section 53.
Section 57
(Implementing Provisions)
1. A Presidential Decree issued following a resolution by the Council of Ministers, acting on a
proposal put forward by the Minister for Home Affairs in agreement with the Minister of Justice,
shall set out the provisions implementing the principles referred to in this Code with regard to data
processing operations performed by the Data Processing Centre as well as by police bodies, offices
and headquarters for the purposes mentioned in Section 53, also with a view to supplementing and
amending Presidential Decree  no. 378 of 3 May 1982, and by putting into practice Council of 49
Europe’s Recommendation No. R(87)15 of 17 September 1987 as subsequently modified. Said
provisions shall be set out by having regard, in particular, to
a) the principle by which data collection should be related to the specific purpose sought, in
connection with preventing a concrete danger or suppressing offences, in particular as regards
processing operations for analysis purposes,
b) regular updating of the data, also in connection with assessment operations carried out under the
law, the different arrangements applying to data that are processed without electronic means and the
mechanisms to notify the updated information to the other bodies and offices that had previously
received the original data,
c) the prerequisites to carry out processing operations on transient grounds or else in connection
with specific circumstances, also with a view to verifying data quality requirements as per Section
11, identifying data subject categories and keeping such data separate from other data for which
they are not required,
d) setting out specific data retention periods in connection with nature of the data or the means used
for processing such data as well as with the type of proceeding in whose respect they are to be
processed or the relevant measures are to be taken,
e) communication of the data to other entities, also abroad, or else with a view to exercising a right
or a legitimate interest, as well as to dissemination of the data, where this is necessary under the
law,
f) use of specific data processing and retrieval techniques, also by means of reverse search systems.
TITLE III – STATE DEFENCE AND SECURITY
CHAPTER I – IN GENERAL
Section 58
(Applicable Provisions)
1. As regards the processing operations carried out by the entities referred to in Sections 3, 4 and 6
of Act no. 801 of 24 October 1977, as well as the data to which State secret applies under Section
12 of said Act, the provisions of this Code shall apply insofar as they are set out in Sections 1 to 6,
11, 14, 15, 31, 33, 58, 154, 160 and 169.
2. As regards the processing operations carried out by public bodies for purposes of defence or
relating to State security, as expressly required by laws that specifically provide for such processing
operations, the provisions of this Code shall apply insofar as they are set out in paragraph 1 as well
as in Sections 37, 38 and 163. 50
3. The security measures relating to the data processed by the agencies as per paragraph 1 shall be
laid down and regularly updated in a decree by the Prime Minister’s Office in compliance with the
provisions applying to this subject matter.
4. The arrangements to implement the applicable provisions of this Code with regard to categories
of data, data subject, permitted processing operation and entities in charge of the processing, also
with a view to updating and retaining the data, shall be laid down in a decree by the Prime
Minister’s Office.
TITLE IV – PROCESSING OPERATIONS IN THE PUBLIC
SECTOR
CHAPTER I – ACCESS TO ADMINISTRATIVE RECORDS
Section 59
(Access to Administrative Records)
1.   Subject to the provisions made in Section 60, prerequisites for, mechanisms of, and limitations
on exercise of the right to access administrative records containing personal data, and the relevant
judicial remedies shall be regulated further by Act no. 241 of 7 August 1990 as subsequently
amended and by the other laws concerning this  subject-matter, as well as by the relevant
implementing regulations, also with regard to the categories of sensitive and judicial data and the
processing operations that may be  performed to comply with a request for access. The activities
aimed at implementing the relevant provisions shall be regarded to be in the substantial public
interest.
Section 60
(Data Disclosing Health and Sex Life)
1. Where the processing concerns data disclosing health or sex life, it shall be allowed if the legal
claim to be defended by means of the request  for accessing administrative records is at least equal
in rank to the data subject’s rights, or else if it consists in a personal right or another fundamental,
inviolable right or freedom.
CHAPTER II – PUBLIC REGISTERS AND PROFESSIONAL REGISTERS
Section 61
(Use of Public Information) 51
1. The Garante shall encourage adoption, pursuant to Section 12, of  a code of conduct and
professional practice for processing personal data  from archives, registers, lists, records or
documents held by public bodies, by also specifying the cases in which the source of the data is to
be mentioned and laying down suitable safeguards in connection with matching data from different
archives, and by taking account of the provisions made in Council of Europe’s Recommendation
No. R(91)10 as regards Section 11.
2. For the purposes of implementing this Code, personal data other than sensitive or judicial data
that are to be entered into a professional register pursuant to laws  or regulations may be
communicated to public and private bodies and disseminated also by means of electronic
communication networks, in pursuance of Section 19, paragraphs 2 and 3. Reference may also be
made to the existence of measures that either provide for disqualification from practising a
profession or produce effects on such practice.
3. The relevant professional board or society may, at the request of the member interested therein,
supplement the information referred to in paragraph 2 by additional, relevant and not excessive data
in connection with professional activities.
4. At the data subject’s request, the relevant professional board or society may also provide third
parties with information or data concerning, in particular, professional qualifications that are not
mentioned in the register, or else the availability to undertake tasks or the consent to receive
scientific information materials also concerning meetings and workshops.
CHAPTER III – REGISTERS OF BIRTHS, DEATHS AND MARRIAGES,
CENSUS REGISTERS AND ELECTORAL LISTS
Section 62
(Sensitive and Judicial Data)
1. The purposes consisting in keeping the registers of births, deaths and marriages, census registers
for the resident population in Italy and Italian nationals resident abroad, and electoral lists, as well
as in issuing identification documents or providing for name changes shall be regarded to be in the
substantial public interest pursuant to Sections 20 and 21.
Section 63
(Interrogation of Records)
1. The records concerning the registers of births, deaths and marriages as kept in State Archives
may be interrogated insofar as this is provided for by Section 107 of legislative decree no. 490 of 29
October 1999. 52
CHAPTER IV – PURPOSES IN THE SUBSTANTIAL PUBLIC INTEREST
Section 64
(Citizenship, Immigration and Alien Status)
1. For the purposes of Sections 20 and 21, the  activities aimed at implementing the provisions
concerning citizenship, immigration, asylum, alien and refugee status and displaced persons shall be
considered to be in the substantial public interest.
2. For the purposes referred to in paragraph 1, it shall be allowed to process, in particular, sensitive
and judicial data that are indispensable in order to:
a) issue visas, permits, certifications, authorizations and documents, including medical
documents;
b) recognise right of asylum or refugee status, or implement temporary protection and any
other humanitarian measures, or else fulfil legal obligations related to immigration policy;
c) fulfil the obligations imposed on employers and employees, allow reunification of
families, implement legislation in force applying to education and housing, enable participation in
public life and social integration.
3. This Section shall not apply to the processing of sensitive and judicial data that is performed to
implement the agreements and conventions referred to in Section 154(2), letters a) and b), or for
purposes related to State defence  or security or else for preventing, detecting and suppressing
offences as based on legislation that specifically provides for such processing.
Section 65
(Political Rights and Public Disclosure of the Activities of Certain Bodies)
1. For the purposes of Sections 20 and 21, the  activities aimed at implementing the provisions
concerning
a) electors and elected and exercise of other political rights, in compliance with secrecy of
voting, and exercise of the mandate conferred on representation bodies or keeping of the general
lists of jurors,
b) documentation of the institutional activities carried out by public bodies
shall be considered to be in the substantial public interest.
2. Processing of sensitive and judicial data for the purposes referred to  in paragraph 1 shall be
allowed in order to discharge specific tasks as  laid down in laws and regulations including, in
particular, those related to
a) polling operations and checks on their conformity with the law;
b) petitions for referenda, the relevant polling and checks on their conformity with the law;
c) establishing the grounds for ineligibility for or disqualification from a public office, the grounds
for removal or suspension from a public office, or else for suspension or dissolution of an organ; 53
d) evaluation of reports, petitions, applications and community-sponsored bills, the activity of
investigation committees, relationships with political groups;
e) nominating and appointing representatives in committees, bodies and offices.
3. For the purposes of this Section, it shall be allowed to disseminate sensitive and judicial data for
the purposes referred to in paragraph 1, letter a), with particular regard to underwriters of electoral
lists, submission of candidates, tasks conferred within political organizations or associations,
institutional offices and elected organs.
4. For the purposes of this Section, in particular, it shall be allowed to process sensitive and judicial
data that are indispensable
a) to draw up minutes and reports of the activity of representatives' meetings, committees and other
collegiate organs or assemblies,
b) exclusively to carry out activities consisting in supervision, political guidance and inspection,
and to access documents as permitted by laws and regulations concerning the relevant bodies
exclusively for purposes that are directly related to discharge of an electoral mandate.
5. Sensitive and judicial data that are processed for the purposes referred to in paragraph 1 may be
communicated and disseminated in accordance with the relevant legislation. It shall not be
permitted to disclose sensitive and judicial data that are not indispensable to ensure compliance with
the publicity principle applying to institutional activities, subject to the ban on disseminating data
disclosing health.
Section 66
(Taxation and Customs Matters)
1. For the purposes of Sections 20 and 21, the activities of public bodies aimed at implementing,
even through the relevant licensees, the provisions concerning taxation in respect of taxpayers and
those concerning tax deductions and exemptions, as well as the activities aimed at implementing the
provisions that must be enforced by customs offices, shall be considered to be in the substantial
public interest.
2. Furthermore, as regards taxation matters, the activities aimed at preventing and suppressing
breaches of the relevant obligations, taking the  measures provided for in laws, regulations and
Community legislation, checking  and enforcing full compliance with said obligations, paying
reimbursement, allocating taxation quotas, managing and selling State-owned property, making the
inventory of and evaluating property and keeping land registries shall be considered to be in the
substantial public interest for the purposes of Sections 20 and 21.
Section 67
(Auditing and Controls)
1. For the purposes of Sections 20 and 21, the activities aimed at 54
a) verifying lawfulness, fairness and impartiality of administrative activities and compliance
of the latter with rational, cost-effective, and efficient criteria, in the light of the fact that public
bodies are anyhow entrusted by law with control, verification and inspection tasks concerning other
entities,
b) inquiring into sensitive and  judicial data, in compliance with the relevant institutional
purposes, with regard to complaints and petitions as well as to the controls and inspections referred
to in Section 65(4)
shall be regarded to be in the substantial public interest.
Section 68
(Grants and Certifications)
1. For the purposes of Sections 20 and 21, the activities aimed at implementing the provisions for
granting, paying, modifying and withdrawing benefits, allowances, gifts, other types of payment
and certifications shall be considered to be in the substantial public interest.
2. The processing operations falling within the scope of this Section shall also include such
processing operations as are indispensable with regard to:
a) communications, certificates and information provided for in anti-Mafia legislation;
b) granting allowances as laid down in laws and regulations concerning extortion and victims of
extortion;
c) payment of war pensions and granting benefits to victims of political persecution and persons
detained in concentration camps as well as to their relatives;
d) granting disability claims;
e) granting allowances in connection with vocational training;
f) granting allowances, funds, gifts and further benefits as laid down in laws, regulations and
Community legislation as also related to associations, foundations and other bodies;
g) granting exemptions, allowances or price reductions, and tax allowances, or else licences also in
the broadcasting sector, permits, authorisations, registrations and further certifications as provided
for by laws, regulations and Community legislation.
3. Processing may also include dissemination if this is indispensable to ensure transparency of the
activities referred to in this Section under the law as well for purposes of supervision and control in
connection with said activities, subject to the ban on dissemination of data disclosing health.
Section 69
(Granting Honours, Rewards and Recognition)
1. For the purposes of Sections 20 and 21, the activities aimed at implementing the provisions for
granting honours and rewards, recognising legal personality of associations, foundations and other
bodies, including religious denominations, assessing – to the extent this falls within the competence 55
of a public body – moral character  and professional qualifications for appointment to an office,
including an ecclesiastical office, or to management posts in corporations, businesses and nonpublic schooling institutions, as well as for  granting and withdrawing authorizations or
certifications, granting sponsorship, patronage and symbolic prizes, participating in boards of
honours and getting access to official ceremonies and meetings shall be considered to be in the
substantial public interest.
Section 70
(Voluntary Organisations and Conscientious Objection)
1. For the purposes of Sections 20 and 21, the  activities aimed at implementing the provisions
concerning relationships between public entities and voluntary organizations – in particular as
regards granting funds for their support, keeping the general registers of said organizations and
international cooperation – shall be considered to be in the substantial public interest.
2. The activities aimed at implementing Act no. 230 of 08.07.98 and further legislation applying to
conscientious objection shall also be considered to be in the substantial public interest.
Section 71
(Imposition of Sanctions and Precautionary Measures)
1. For the purposes of Sections 20 and 21, the activities aimed at
a) implementing the provisions concerning administrative sanctions and complaints,
b) allowing exercise of the right of defence in administrative or judicial matters, also by third
parties and in pursuance of Section 391-quarter of the Criminal Procedure Code, or directly at
remedying miscarriages of justice, or else in case of either breach of the due process principle or
unfair restriction of personal freedom,
shall be considered to be in the substantial public interest.
2. Where the processing concerns data disclosing health or sex life, it shall be allowed if the claim
to establish or defend as per letter b) of paragraph 1 is at least equal in rank to the data subject's one
or else if it consists in a personal right or another fundamental, inviolable right or freedom.
Section 72
(Relationships with Religious Denominations)
1. For the purposes of Sections 20 and 21, the  activities aimed at managing institutional
relationships with ecclesiastical bodies, religious denominations and communities shall be
considered to be in the substantial public interest. 56
Section 73
(Other Purposes Related to Administrative and Social Matters)
1. For the purposes of Sections 20 and 21, the activities aimed at providing social assistance shall be
regarded to be in the substantial public interest within the framework of the activities entrusted by
law to public bodies, in particular as for
a) psychological and social support and training for youths and other entities with social, economic
or family disadvantages,
b) measures – including medical care – for disadvantaged, non self-sufficient or disabled entities,
including economic or home assistance services, tele-aid, personal assistance and transport services,
c) assistance to children also in connection with judicial proceedings,
d) psychological and social investigations related to national and international adoption
proceedings,
e) monitoring in connection with foster care children,
f) supervision and support with regard to the stay of nomadic groups,
g) measures related to architectural barriers.
2. For the purposes of Sections 20 and 21, the following activities shall also be regarded to be in the
substantial public interest within the framework of those entrusted by law to public bodies:
a) management of kindergartens,
b) management of school canteens or provision of grants, contributions and educational materials,
c) recreational initiatives and promotion of cultural and sports activities, with particular regard to
organisation of holidays, exhibitions, conferences and sports events as well as to the use of
immovables and occupancy of public areas,
d) provision of public housing units,
e) conscription services,
f) administrative policing, including local policing, subject to the provisions made in Section 53,
with particular regard to public hygiene services and supervision over handling of corpses, and to
controls concerning environment, protection of water resources and land,
g) activities carried out by public relations departments,
h) civil protection,
i) support for employee recruitment and training, in particular as regards local initiative centres for
employment and one-stop employment counters,
l) regional and local ombudsmen.
CHAPTER V – SPECIFIC PERMITS
Section 74
(Car Permits and Access to Town Centres)
1. The permits issued for whatever reason to allow driving and parking vehicles serving disabled
people, or else to allow driving through and parking in restricted access areas, which must be placed
visibly on the relevant vehicles, shall only contain such data  as are indispensable to identify the 57
specific authorisation without using any wording that may allow identifying the  natural person
concerned.
(1)
2. Name and address of the natural person concerned shall be reported on the said permits by taking
care that they are not immediately visible unless a request is made to produce the permit or an
assessment is to be carried out.
(1)
3. The provision as per paragraph 2 shall also apply if the obligation to affix a copy of the car
registration document or any other document on the vehicle is provided for on any grounds.
4. The provisions laid down in Presidential Decree no. 250 of 22 June 1999 shall further apply to
processing of the data collected by means of equipment detecting access by vehicles to town centres
and restricted access areas.
(1) As amended by Section 58 of Act no. 120 dated 29 July 2010.
TITLE V – PROCESSING OF PERSONAL DATA IN THE HEALTH
CARE SECTOR
CHAPTER I – IN GENERAL
Section 75
(Scope of Application)
1. This Title shall regulate the processing of personal data in the health care sector.
Section 76
(Health Care Professionals and Public Health Care Bodies)
1. Health professionals and public health care bodies may process personal data disclosing health,
also within the framework of activities in the substantial public interest pursuant to Section 85,
a) with the data subject’s consent, also without being authorised by the Garante, if the
processing concerns data and operations that are  indispensable to safeguard the data subject’s
bodily integrity and health,
b) also without the data subject’s consent, based on the Garante’s prior authorisation, if the
purposes referred to under a) concern either a third party or the community as a whole.
2. In the cases referred to in paragraph 1, consent may be given in accordance with the simplified
arrangements referred to in Chapter II. 58
3. In the cases referred to in paragraph 1, the Garante’s authorisation shall be granted after seeking
the opinion of the Higher Health Care Council except for emergencies.
CHAPTER II – SIMPLIFIED ARRANGEMENTS CONCERNING
INFORMATION AND CONSENT
Section 77
(Simplification)
1. This Chapter shall lay down simplified arrangements that may be applied by the entities referred
to in paragraph 2
a) to inform data subjects of the personal data collected either from them or from third parties, in
pursuance of Section 13, paragraphs 1 and 4,
b) to obtain data subjects’ consent to the processing of personal data whenever this is required under
Section 76,
c) to process personal data.
2. The simplified arrangements referred to in paragraph 1 shall be applicable
a) by public health care bodies,
b) by other private health care bodies and health care professionals,
c) by the other public entities referred to in Section 80.
Section 78
(Information Provided by General Practitioners and Paediatricians)
1. General practitioners and paediatricians shall inform data subjects of the processing of personal
data in a clear manner such as to allow the items referred to in Section 13(1) to be easily
understandable.
2. The information may be provided as regards the overall personal data processing operations that
are required for prevention, diagnosis, treatment  and rehabilitation as carried out by a general
practitioner or a paediatrician to safeguard the  data subject’s health or bodily integrity, such
activities being performed at the data subject’s request or else being known to the data subject in
that they are carried out in his/her interest.
3. The information may also concern personal data collected from third parties and is given
preferably in writing, also by means of pocketable cards with foldable annexes, and should include
at least the items specified by the Garante  in pursuance of Section 13(3), which may be
supplemented by additional information – also verbally – in connection with specific features of the
processing. 59
4. Unless specified otherwise by the general practitioner or paediatrician, the information shall also
concern data processing operations that are related to those carried out by said general practitioner
or paediatrician, being performed by either a professional or another entity, who should be
identifiable on the basis of the service requested and
a) temporarily replaces the general practitioner or paediatrician in question,
b) provides specialised advice at the general practitioner’s or paediatrician’s request,
c) may lawfully process the data within the framework of a professional partnership,
d) supplies prescribed drugs,
e) communicates personal data to the general practitioner or paediatrician in compliance with the
applicable regulations.
5. The information provided pursuant to this Section shall highlight, in detail, processing operations
concerning personal data that may entail specific risks for the data subject’s rights and fundamental
freedoms and dignity, in particular if the processing is carried out
a) for scientific purposes, including scientific research and controlled clinical drug testing, in
compliance with laws and regulations, by especially pointing out that the consent, if necessary, is
given freely,
b) within the framework of tele-aid or tele-medicine services,
c) to supply other goods or services to the data subject via electronic communication networks.
Section 79
(Information Provided by Health Care Bodies)
1. Public and private health care bodies may avail themselves  of the simplified arrangements
concerning information and consent referred to in Sections 78 and 81 with regard to several services
delivered also by different divisions and units of a selfsame body or else by several specifically
identified hospitals and local entities.
2. In the cases referred to in paragraph 1, the health care body or entity shall record the provision of
information and consent in a unified manner such as to allow this circumstance to be verified by
other divisions and units that may happen to process data concerning the same data subject also
thereafter.
3. The simplified arrangements referred to in Sections 78 and 81 may be applied in a homogeneous,
consistent manner with regard to all the processing operations concerning personal  data that are
carried out by all the entities pertaining to a given health care agency. 60
4. Based on appropriate organisational measures in pursuance of paragraph 3, the simplified
arrangements in question may be applied to several data processing operations carried out both in
the cases referred to in this Section and by the entities referred to in Section 80.
Section 80
(Information Provided by Other Public Bodies)
1. In addition to the provisions made in Section 79, the competent services or departments of public
bodies working in the sectors of health care and/or occupational safety and prevention may avail
themselves of the possibility to provide a single information notice in connection with several data
processing operations performed in different periods for administrative purposes with regard to data
collected both from a data subject and from third parties.
2. The information as per paragraph 1 shall be supplemented by placing suitable, specific notices
and signs, which shall be easily visible to the public and shall be  affixed and disseminated also
within the framework of institutional publications as well as on electronic communication networks
– with particular regard to administrative activities in the substantial public interest requiring no
consent by data subjects.
Section 81
(Providing One’s Consent)
1. Consent to the processing of data disclosing health – where required pursuant to either this Code
or another law – may be provided by means of a single statement, also verbally. In this case, the
consent shall not be documented in a written instrument released by the data subject, but in a notice
written by the health care professional and/or public health care body, in which reference shall be
made to the processing of data by either one or several entities and to the information provided to
the data subject according to Sections 78, 79 and 80.
2. Where a general practitioner or paediatrician provides information on behalf of several
professionals as per Section 78 (4), the consent rendered in pursuance of paragraph 1 shall have to
be also notified to said professionals by appropriate mechanisms, also by referring to it or placing a
notice or a stamp/tag on a electronic card and/or the medical card, in which reference shall be made
to Section 78(4) as well as to the detailed specifications made, if any, in the information provided
pursuant to the latter paragraph.
Section 82
(Emergency and Protection of Health and Bodily Integrity)
1. Information and consent requirements in connection with the processing of personal data may be
complied with after the relevant service has been delivered, without delay, in cases of medical
emergency and/or related to public hygiene whenever the competent authority has issued a
contingent emergency order pursuant to Section 117 of legislative decree no. 112 of 31 March
1998. 61
2. Information and consent requirements in connection with the processing of personal data may
also be complied with after the relevant service has been delivered, without delay,
a) if the data subject is physically impaired, legally incapable or unable to distinguish right and
wrong, and the consent cannot be obtained from the entity legally representing the data subject, or
else a next of kin, a family member, a person cohabiting with the data subject or, failing these, the
manager of the institution where the data subject is hosted,
b) if there exists a serious, impending and irretrievable danger for the data subject’s health or bodily
integrity.
3. Information and consent requirements in connection with the processing of personal data may be
complied with after the relevant service has been delivered, without delay, also if the provision of
medical care may be negatively affected - in terms of its timeliness or effectiveness - by the need to
obtain the data subject’s prior consent.
4. As regards persons over eighteen years of age, the information shall be provided to a data subject
also for the purpose of newly obtaining his/her consent whenever the latter is required.
Section 83
(Other Provisions to Ensure Respect for Data Subjects’ Rights)
1. The entities referred to in Sections 78, 79 and 80 shall take suitable measures to ensure that data
subjects’ rights, fundamental freedoms and dignity, as well as professional secrecy requirements are
respected in organising the relevant services and discharging the relevant tasks, without prejudice to
the provisions made in laws and regulations concerning arrangements to process sensitive data and
minimum security measures.
2. The measures referred to in paragraph 1 shall include, in particular,
a) solutions aimed at respecting precedence and order in calling up data subjects regardless of their
specific names as regards medical care activities and administrative requirements entailing a
waiting time,
b) setting up appropriately spaced waiting lines  by having regard to the use of voice messages
and/or barriers,
c) solutions to prevent third parties from unduly getting to know information disclosing health
during an interview,
d) precautions aimed at preventing medical care  activities – including collection of a patient’s
history – from being carried out in privacy-unfriendly situations due to the specific arrangements
and/or the premises selected,
e) respect for the data subject’s dignity when providing the specific medical treatment as well as in
connection with all data processing operations, 62
f) suitable arrangements to ensure that the provision of emergency aid can be notified or confirmed
also by phone, if necessary, exclusively to third parties entitled thereto,
g) provisions in line with the internal regulations of hospitals and other establishments for medical
care by which suitable mechanisms are laid down to inform third parties that are lawfully entitled
thereto on the whereabouts of data subjects inside medical wards, on the occasion of visits paid by
such third parties, whereby data subjects are informed thereof in advance and compliance with their
legitimate denial of authorisation is ensured,
h) implementing procedures, including training of staff, to prevent third parties from establishing a
link between a data subject and a given ward or department such as to disclose a specific medical
condition,
i) subjecting persons in charge of the processing that are not bound by professional secrecy under
the law to rules of practice that are similar to those based on professional secrecy.
2-bis.
 8
 The measures referred to in paragraph 2 shall not apply to the entities as per Section 78, who
shall comply with the provisions set out in paragraph 1 by such mechanisms as are suitable for
ensuring personalised, trust-based relationships with their patients pursuant to the code of conduct
and professional practice adopted under Section 12 hereof.
Section 84
(Data Communication to Data Subjects)
1. Personal data disclosing health may be communicated by health care professionals and health
care bodies either to the data subject or to the entities referred to in Section 82(2), letter a), only by
the agency of a physician who must have been designated either by the data subject or by the data
controller. This paragraph shall not apply to the personal data that had been provided previously by
said data subject.
2. The data controller or processor may authorise, in writing, health care professionals other than
physicians who, to fulfil their respective duties, have direct contacts with patients and are in charge
of processing personal data disclosing health, to communicate said data either to data subjects or to
the entities referred to in Section 82(2), letter a). The instrument by which said task is conferred
shall set out adequate arrangements and precautions having regard to the context within which the
data are to be processed.
CHAPTER III – PURPOSES IN THE SUBSTANTIAL PUBLIC INTEREST
Section 85
(Tasks of the National Health Service)
                                             
8
 This paragraph was added by Section 2-quinquies, paragraph 1, letter b., of Decree-Law no. 81 of 29
th
 March 2004,
converted with amendments into Act no. 138 of 26
th
 May 2004. 63
1. Except for the cases referred to in paragraph 2, the activities falling within the scope of the tasks
committed to the National Health Service and other public health care bodies shall be considered to
be in the substantial public interest for the purposes of Sections 20 and 21 as regards:
a) administrative activities related to prevention, diagnosis, care and rehabilitation of the persons
assisted by the National Health Service, including aliens in Italy and Italian citizens abroad as well
as the health care provided to seamen and airport staff;
b) planning, management, control and assessment of health care;
c) monitoring of testing and drugs, authorization for marketing and importing medical drugs and
other health-related products;
d) certification activities;
e) application of provisions concerning occupational hygiene and safety and population health and
safety;
f) administrative activities related to organ and tissue transplantations and human blood
transfusions, also pursuant to Act no. 107 of 04.05.90;
g) setting up, managing, planning and monitoring the relationships between the administration and
the entities bound by contractual agreements with and/or recognised by the National Health Service.
2. Paragraph 1 shall not apply to the processing of data disclosing health that is carried out either by
health care professionals or by public health care bodies for the purpose of protecting health or
bodily integrity of a data subject, a third party or the community as a whole, in which case the
provisions concerning the data subject’s consent and/or authorisation by the Garante shall apply as
per Section 76.
3. The specification of the categories of data disclosing health and the processing operations they
may undergo shall be publicised to the greatest possible extent, also by affixing a copy thereof or
making available an explanatory booklet in each  health care agency as  well as in general
practitioners’ and paediatricians’ clinics.
4. Processing the data subject’s identification data shall be lawfully reserved for the entities that
directly pursue the purposes referred to in paragraph 1. Utilisation of the various data categories
shall only be allowed to the persons in charge of the processing who have been entrusted, on a caseby-case basis, with the specific stages of the activities mentioned in paragraph 1 in accordance with
the principle that only indispensable data shall have to be processed in the individual cases.
Section 86
(Other Purposes in the Substantial Public Interest)
1. Apart from the cases referred to in Sections 76 and 85, the purposes to be achieved by processing
sensitive and judicial data in connection with administrative activities related to implementation of
the legislation concerning the matters below shall be regarded to be in the substantial public interest
as per Sections 20 and 21:
a) social protection of motherhood and abortion, with particular regard to the processing operations
that are carried out for managing family planning centres and similar institutions, providing
information, medical treatment and in-hospital care to mothers, as well as for performing abortions; 64
b) narcotic drugs and psychotropic substances, with particular regard to the activities carried out in
order to provide, also with the help of non-profit bodies and associations, such public services as are
necessary for the social and medical assistance of drug addicts, and to adopt the measures, including
preventive measures, referred to by laws and implement the required administrative provisions;
c) assistance, social integration and rights of persons with a disability, in particular with a view to
1) assessing the disability and  ensuring operation of medical care and rehabilitation services and
family and personal support, as well as granting allowances and further benefits,
2) ensuring social integration, education, training and information to the family of a person with a
disability as well as mandatory employment of such person in the cases provided for by law,
3) setting up residential facilities and social rehabilitation centres,
4) keeping the registers of voluntary bodies, associations and organisations working in this sector.
2. The provisions as per Section 85(4) shall apply to the processing operations referred to in this
Section.
CHAPTER IV – MEDICAL PRESCRIPTIONS
Section 87
(Drugs Paid for by the National Health Service)
1. Prescriptions concerning medical drugs that are charged, even only in part, to the National Health
Service shall be written  by using the form referred to in paragraph 2. Said form shall be designed so
as to allow establishing the data subject's identity only if this is necessary in order to check that the
prescription is correct or else with a view to  administrative controls or for epidemiological and
research purposes, in compliance with the applicabile rules of conduct.
2. The paper form to be used for prescribing drugs that are charged, even only in part, to the
National Health Service as per Annexes 1, 3, 5 and 6 to decree no. 350 by the Minister of Health of
11 July 1988 and Chapter 2, paragraph 2.2.2. of the relevant technical specifications, shall be
supplemented either by a paper tag or by a carbon-copy tag that shall be pasted to the margins of the
areas referred to in paragraph 3.
3. The tag referred to in paragraph 2 shall be affixed to the areas of the form where the patient’s
name and address are to be entered so that the latter may only be visible upon transiently removing
the tag for the purposes specified in paragraphs 4 and 5.
4. The tag may be transiently removed from the prescription form and subsequently re-affixed to it
if this is considered indispensable by a chemist – who shall have to sign the tag – on account of the
actual need to check that the prescription is correct as also related to supply of the drug specifically
prescribed.
5. The tag may also be transiently removed in the manner described in paragraph 3 by the
competent bodies with a view to performing an administrative audit as to correctness of the
prescription, and by entities that may lawfully carry out epidemiological surveys or else researches 65
in accordance with the law, provided that this is indispensable in order to achieve their respective
purposes.
6. Further technical solutions other than the one referred to in paragraph 1 may be laid down in a
decree by the Minister of Health, after seeking the Garante’s opinion, based on the use of a sticker
or else on equivalent technology also related to the use of non-paper media.
Section 88
(Drugs Not Paid for by the National Health Service)
1. The data subject’s name shall not be specified in the prescriptions made on paper forms with
regard to drugs that are not charged, even in part, to the National Health Service.
2. In the cases referred to in paragraph 1, a physician may specify the data subject’s name
exclusively if he/she considers that it is indispensable to make said data subject personally
identifiable on account of an actual requirement that is related either to the data subject’s specific
condition or to the special arrangements to be made for preparing or using the drug.
Section 89
(Special Cases)
1. The provisions of this Chapter shall leave unprejudiced the application of regulatory provisions
requiring drug prescriptions not to  allow identification of data subjects or else to bear specific
notices, such as those laid down in decree-law no. 23 of 17 February  1998 as converted, with
amendments, into Act no. 94 of 8 April 1998.
2. Whenever the data subject's identity is to be established in pursuance of the consolidated text of
the Act applying to narcotic drugs and psychotropic substances, prevention, care and rehabilitation
of drug addiction, as approved by presidential  decree no. 309 of 9 October 1990, the relevant
prescriptions shall be kept separate from any other document that does not require their use.
2-bis.
9
 As for the entities referred to in Section 78, implementing the provisions set out in Sections
87(3) and 88(1) shall be conditional upon the data subject’s explicit request.
CHAPTER V – GENETIC DATA
Section 90
(Processing of Genetic Data and Bone Marrow Donors)
                                             
9
 This paragraph was added by Section 2-quinquies, paragraph 1, letter c., of Decree-Law no. 81 of 29
th
 March 2004,
converted with amendments into Act no. 138 of 26
th
 May 2004. 66
1. Processing of genetic data, regardless of the entity processing them, shall be allowed exclusively
in the cases provided for in ad-hoc authorisations granted by the Garante, after having consulted
with the Minister for Health who shall seek, to that end, the opinion of the Higher Health Care
Council.
2. The authorisation referred to in paragraph 1 shall also specify the additional items of information
that should be contained in the information notice pursuant to Section 13, with particular regard to
the purposes sought and the results to be achieved also in  connection with the unexpected
information that may be made known on account of the processing as well as with the data subject’s
right to object to the processing on legitimate grounds.
3. Under Act no. 52 of 6 March 2001, bone marrow donors shall have the right and duty to remain
anonymous with regard to both recipient(s) and third parties.
CHAPTER VI – MISCELLANEOUS PROVISIONS
Section 91
(Data Processed by Means of Cards)
1. Processing in whatever form of data disclosing health and sex life that are stored on cards,
including non-electronic cards and the national services card, or that are processed by means of said
cards, shall only be allowed if  it is necessary under the terms of Section 3 in compliance with
measures and precautions laid down by the Garante as per Section 17.
Section 92
(Clinical Records)
1. Where public and private health care bodies draw up and retain clinical records in compliance
with the applicable legislation, suitable precautions shall be taken to ensure that the data are
understandable as well as to keep the data concerning a patient separate from those concerning
other data subjects – including the information related to unborn children.
2. Any request to inspect or obtain a copy of the clinical records and the attached patient discharge
form as lodged by entities other than the data subject may only be granted, in whole or in part, if it
is justified because of the proven need
a) to establish or defend a legal claim in pursuance of Section 26(4), letter c), such claim being
equal in rank to the data subject’s right or else consisting in a personal right or another fundamental,
inviolable right or freedom, 67
b) to establish a legally relevant claim in  pursuance of the legislation concerning access to
administrative records, such claim being equal in rank to the data subject’s right or else consisting
in a personal right or another fundamental, inviolable right or freedom.
Section 93
(Certificate of Attendance at Birth)
1. With a view to issuing a birth certificate, the certificate of attendance at birth shall be replaced by
a declaration only containing the data that must be entered into the register of births. The provisions
of Section 109 shall also apply.
2. The certificate of attendance at birth or clinical records, where containing personal data allowing
identification of a mother that has objected to being referred to as per Section 30(1) of Presidential
Decree no. 396 of 3 November 2000,  may be issued in full to any person interested therein,
pursuant to law, after one hundred years have elapsed since the relevant document has been drawn
up.
3. During the period referred to in paragraph 2, a request for accessing the certificate and/or clinical
records may be granted with regard to the data  concerning a mother that has objected to being
referred to by taking suitable precautions to prevent the latter from being identifiable.
Section 94
(Data Banks, Registers and Filing Systems in the Health Care Sector)
1. The processing of data disclosing health as contained in data banks, filing systems, archives or
registers kept by entities in the health care sector shall be carried out in compliance with Section 3
also with regard to data banks, filing systems, archives or registers that had already been set up on
the date of entry into force of this Code as well as in respect of the access by third parties pursuant
to the provisions in force on that date – in particular concerning
a) the national register of asbestos-related mesotheliomas set up at the Istituto superiore per la
prevenzione e la sicurezza del lavoro (Ispesl), which is referred to in Section 1 of Prime Minister’s
decree no. 308 of 10 December 2002,
b) the data bank on surveillance  of Creutzfeldt-Jakob’s disease  and the variants or related
syndromes, which is referred to  in a decree by the Minister of Health of 21 December 2001
published in the Official Journal no. 8 of 10 January 2002,
c) the national register of rare diseases referred to in Section 3 of decree no. 279 of 18 May 2001 by
the Minister of Health,
d) the registers of bone marrow donors set up in pursuance of Act no. 52 of 6 March 2001,
e) the files concerning blood donors referred to in Section 15 of a decree by the Minister of Health
of 26 January 2001, as published in the Official Journal no. 78 of 3 April 2001. 68
TITLE VI – EDUCATION
CHAPTER I – IN GENERAL
Section 95
(Sensitive and Judicial Data)
1. For the purposes of Sections 20 and 21, the activities aimed at education and training in the
schooling, vocational, high school or university sectors shall be considered to be in the substantial
public interest with particular regard to those carried out also in integrated fashion.
Section 96
(Processing of Data Concerning Students)
1. With a view to facilitating vocational orientation and training as well as employment in Italy and
abroad, high schools and similar educational bodies may communicate or disseminate, also to
private entities and by electronic means, on the data subjects' request, data on the evaluation and
marks obtained by students (whether at mid-term or in the final term) and further personal data
other than sensitive or judicial data, provided they are relevant in respect of the above purposes and
are referred to in the information provided to data subjects pursuant to Section 13. The data may be
processed further exclusively for the abovementioned purposes.
2. The provisions referred to in Section 2(2) of Presidential Decree no. 249 of 24 June 1998
concerning protection of students’ right to privacy as well as the provisions in force concerning
publication of examination marks by affixing a  notice on the school's bulletin board, and those
concerning the granting of diplomas and certifications shall be left unprejudiced.
TITLE VII – PROCESSING FOR HISTORICAL, STATISTICAL OR
SCIENTIFIC PURPOSES
CHAPTER I – IN GENERAL
Section 97
(Scope of Application) 69
1. This Title shall regulate processing of personal data for historical, statistical or scientific
purposes.
Section 98
(Purposes in the Substantial Public Interest)
1. For the purposes of Sections 20 and 21, the purposes related to the data processing operations
carried out by public bodies
a) for historical purposes in respect of keeping, classifying  and communicating the
documents and records kept in State archives and historical archives of public bodies pursuant to
legislative decree no. 490 of 29 October 1999, which adopted the consolidated statute on cultural
and environmental heritage, as amended by this Code,
b) that are members of the National Statistical System (SISTAN) as per legislative decree
no. 322 of 6 September 1989, as subsequently amended,
c) for scientific purposes,
shall be considered to be in the substantial public interest.
Section 99
(Compatibility between Purposes and Duration of Processing)
1. Processing of personal data for historical, scientific or statistical purposes shall be considered to
be compatible with the different purposes for which the data had been previously collected or
processed.
2. Processing of personal data for historical, scientific or statistical purposes may be carried out also
upon expiry of the period that is necessary for achieving the different purposes for which the data
had been previously collected or processed.
3. Where the processing of personal data is terminated, for whatever reason, such data may be kept
or transferred to another data controller for historical, statistical or scientific purposes.
Section 100
(Data Concerning Studies and Researches)
1. In order to encourage and support research and co-operation in the scientific and technological
sectors, public bodies including universities and research institutions may, by autonomous decision,
communicate and disseminate, also to private bodies and by electronic means, data concerning
studies and researches to graduates, post-graduates, technicians and engineers, researchers,
professors, experts and scholars – except for sensitive and judicial data. 70
2. The data subject’s right to object on legitimate grounds pursuant to Section 7(4), letter a), shall be
left unprejudiced.
3. The data referred to in this Section shall not  be regarded as administrative records under the
terms of Act no. 241 of 7 August 1990.
4. The data referred to in this Section may be  processed further exclusively for the purposes for
which they have been communicated or disseminated.
CHAPTER II – PROCESSING FOR HISTORICAL PURPOSES
Section 101
(Processing Arrangements)
1. No personal data that has been collected for historical purposes may be used for taking actions or
issuing provisions against the data subject in administrative matters, unless said data are also used
for other purposes in compliance with Section 11.
2. Any document containing personal data that is processed for historical purposes may only be
used, by having regard to its nature, if it is relevant and indispensable for said purposes. Personal
data that are disseminated may only be used for achieving the aforementioned purposes.
3. Personal data may be disseminated in any case if they relate to circumstances or events that have
been made known either directly by the data subject or on account of the latter's public conduct.
Section 102
(Code of Conduct and Professional Practice)
1. The Garante shall encourage adoption of a code of conduct and professional practice by the
private and public entities, including scientific societies and professional  associations, which are
involved in the processing of data for historical purposes, in pursuance of Section 12.
2. The code of conduct and professional practice referred to in paragraph 1 shall set out, in
particular,
 a) rules based on fairness and non-discrimination in respect of users, to be abided by also in
communication and dissemination of data, pursuant to the provisions of this Code that are
applicable to the processing of data for journalistic purposes or else for publication of papers, essays
and other intellectual works also in terms of artistic expression;
 b) the specific safeguards applying to collection, interrogation and dissemination of
documents concerning data disclosing health, sex life or private family relations; the cases shall be
also specified in which either the data subject or an interested party must be informed by the user of
the planned dissemination; 71
 c) arrangements to apply the provisions on processing of data for historical purposes to
private archives, as also related to harmonisation of interrogation criteria and the precautions to be
taken in respect of communication and dissemination.
Section 103
(Interrogating Documents Kept in Archives)
1. Interrogation of documents kept in State archives, historical archives of public bodies and private
archives shall be regulated  by legislative decree no. 490 of 29 October 1999, enacting the
consolidated Act on cultural and environmental heritage, as amended by this Code.
CHAPTER III – PROCESSING FOR STATISTICAL OR SCIENTIFIC
PURPOSES
Section 104
(Scope of Application and Identification Data for Statistical or Scientific Purposes)
1. The provisions of this Chapter shall apply to the processing of data for statistical purposes or, to
the extent that they are compatible, for scientific purposes.
2. For the purpose of implementing this Chapter, account shall be taken with regard to identification
data of all the means that can be reasonably used by a data controller or others to identify the data
subject, also on the basis of the knowledge acquired in connection with technological
developments.
Section 105
(Processing Arrangements)
1. No personal data that is processed for statistical or scientific purposes may be used for taking
decisions or measures with regard to the data subject or else with a view to processing data for
different purposes.
2. Statistical or scientific purposes shall have to be specified unambiguously and made known to the
data subject in accordance with Section 13, as also related to Section 106(2), letter b), of this Code
and Section 6-bis of legislative decree no. 322 of 06.09.89 as subsequently amended.
3. Where specific circumstances referred to in the codes as per Section 106 are such as to allow an
entity to respond on behalf of another entity, being a family member of or co-habiting with the
latter, the data subject may also be informed by the agency of the respondent. 72
4. As for processing operations for statistical or scientific purposes concerning data collected for
other purposes, no information shall have to be provided to data subjects if it entails a
disproportionate effort compared with the right to be protected – on condition that those operations
have been appropriately publicized as laid down in the Codes referred to in Section 106.
Section 106
(Codes of Conduct and Professional Practice)
1. The Garante shall encourage adoption of one or more codes of conduct and professional practice
by the private and public entities, including scientific societies and professional associations, which
are involved in the processing of data for statistical or scientific purposes, in pursuance of Section
12
2. The codes referred to in paragraph 1 shall lay down, by having regard to legislative decree no.
322 of 06.09.89, as subsequently amended, in respect of the entities that are members of the
National Statistical System and on the basis of similar safeguards in respect of other entities,
 a) prerequisites and procedures for proving and verifying that the data are processed actually
for appropriate statistical and scientific purposes, except as provided for in legislative decree no.
322 of 06.09.89;
 b) where not provided for in this Code, further prerequisites for the processing and the
relevant safeguards, as also related to the data retention time, the information to be provided to data
subjects in respect of the data collected also from third parties, communication and dissemination of
the data, the selective criteria to be implemented in processing identification data, the specific
security measures and the mechanisms to amend the data as a result of the exercise of data subjects'
rights, by taking account of the principles laid down in the relevant Council of Europe’s
Recommendations;
 c) the means that can be reasonably used by data controllers or others in order to identify a
data subject, by taking also account of technical developments;
 d) the safeguards to be afforded with a view to applying the provisions referred to in
Sections 24(1), letter I) and  43(1), letter g), making the data subject's consent unnecessary, by
having regard to the principles laid down in the aforementioned Recommendations;
 e) simplified arrangements for obtaining the  data subjects' consent in connection with
processing sensitive data;
 f) the fairness criteria applying to collection of the data and the instructions for the staff in
charge of this activity;
 g) the measures to be adopted in order to promote compliance with the principle that the
data should be relevant and not  excessive as well as with the security measures referred to in
Section 31, by having also regard to the precautions to be taken in order to prevent both access by
natural persons who are not in charge of the processing and unauthorized identification of data
subjects, the interconnection of information systems also within the framework of the National
Statistical System and the data exchanges for statistical and scientific purposes that are carried out
with entities and agencies abroad also based on the safeguards referred to in Section 44(1), letter a);
 h) the requirement for any person in charge of the processing who is not bound by official or
professional secrecy under the law to abide by rules of conduct that can ensure similar security and
confidentiality levels. 73
Section 107
(Processing of Sensitive Data)
1. Without prejudice to Section 20 and except for specific statistical or  scientific research
investigations or surveys that  are provided for by law, the data subject’s consent for processing
sensitive data may be given, if required, in accordance with simplified arrangements as set out in
the code referred to in Section 106. The relevant authorisation may be granted by the Garante also
in pursuance of Section 40.
Section 108
(National Statistical System)
1. Processing of personal data  by entities included in the National Statistical System shall be
regulated further by legislative decree no. 322 of 6 September 1989 as subsequently amended as
well as by the provisions set out in the code of conduct and professional practice adopted pursuant
to Section 106(2), with particular regard to processing of the sensitive data referred to in the
national statistical programme, provision of information to data subjects, exercise of data subjects’
rights and data falling outside  the scope of statistical secrecy under Section 9(4) of the
aforementioned decree.
Section 109
(Statistical Data Concerning Birth Events)
1. The collection of statistical data concerning birth events - including malformed newborns and
stillborns - and the data flows also by medical directors shall be regulated by the technical
specifications made by the National Statistics Institute after hearing the Minister of Health, the
Minister of Justice and the Garante as well as by the provisions laid down in decree no. 349 of 16
July 2001 by the Minister of Health.
Section 110
(Medical, Biomedical and Epidemiological Research)
1. The data subject's consent shall not be required for processing data disclosing health with a view
to scientific research activities in the medical,  bio-medical or epidemiological sectors if said
research activities are expressly provided for by legislation that specifically refers to the processing,
or else are included in a bio-medical or health care research programme pursuant to Section 12-bis
of legislative decree no. 502  of 30.12.92, as subsequently amended, and forty-five days have
elapsed since communication of  said activities to the Garante under Section 39. Additionally,
consent shall not be necessary if data subjects cannot be informed on specific grounds and the 74
research programme has been the subject of a reasoned, favourable opinion by the geographically
competent ethics committee as well as being authorised by the Garante also in pursuance of Section
40.
2. Where a data subject exercises  his/her rights in pursuance of  Section 7 with regard to the
processing operations which are referred to in paragraph 1, updates, rectifications and additions to
the data shall be reported without modifying the data themselves if the outcome of the above
operations does not produce significant effects on the outcome of the research.
TITLE VIII – OCCUPATIONAL AND SOCIAL SECURITY ISSUES
CHAPTER I – IN GENERAL
Section 111
(Code of Conduct and Professional Practice)
1. The Garante shall encourage adoption, pursuant to Section 12, of  a code of conduct and
professional practice by public and private entities that are involved in the processing of personal
data either for social security purposes or in connection with management of employer-employee
relationships, by also setting forth specific arrangements to inform  data subjects and obtain their
consent, if necessary, as regards publishing job ads pursuant to Section 113(3) and receiving CVs
including personal – possibly sensitive – data.
Section 112
(Purposes in the Substantial Public Interest)
1. For the purposes of Sections 20 and 21, the activities carried out by public bodies in order to
enter into and manage labour relations of any kind whatsoever, whether based on a contract of
service or for services, including unpaid, honorary, part-time or temporary work, as well as other
types of employment which do not entail any contract of service, shall be considered to be in the
substantial public interest.
2. The processing operations performed for the purposes referred to in paragraph 1 shall include, in
particular, those aimed at:
a) implementing the provisions concerning mandatory employment of disabled persons and
employing staff also from disadvantaged groups;
b) ensuring equal opportunity policies;
c) establishing existence of specific qualifications as required to fill certain positions, as also related
to protection of language minorities, or else of prerequisites for suspension from or termination of
employment or service, relocation of an employee for incompatibility and granting special 75
authorizations;
d) fulfilling obligations related to assessment of legal and economic status, including recognition of
industrial accidents or granting of fair compensation, as well as obligations concerning wages,
taxation or accounting in respect of staff, whether employed or retired, including payment of premia
and security benefits;
e) fulfilling specific obligations or discharging tasks which are laid down in legislation concerning
occupational hygiene and safety, population health and safety and trade-unions' activities;
f) implementing, as also related to social security and assistance organizations, the provisions
concerning social security and assistance, including supplementary social security schemes,
pursuant to, inter alia, legislative decree no. 804 of 29.07.47, with regard to communication of the
data, also by means of electronic communications  networks, to social assistance agencies, trade
associations and professional councils that have obtained the data subject's consent under Section
23 in connection with specific data categories;
g) carrying out activities aimed at establishing  civil, disciplinary and accounting liability and
dealing with complaints in administrative matters pursuant to the relevant rules;
h) entering an appearance in court by the agency of counsel or else taking part in  arbitration or
settlement proceedings as provided for by law or collective labour agreements;
i) protecting the data subject's or a third party's life or bodily integrity;
l) managing the register of civil servants and implementing the provisions concerning tasks
undertaken by civil servants, co-operators and advisors;
m) implementing the provisions concerning conflicts of interest and part-time jobs;
n) carrying out inquiries and inspections with regard to public bodies;
o) assessing quality of the services provided as well as of the results achieved.
3. The data referred to in letters m), n) and o) of paragraph 2 may be disseminated in anonymous
form and anyhow in a way preventing the data subject from being identified.
CHAPTER II – JOB ADS AND EMPLOYEE DATA
Section 113
(Data Collection and Relevance)
1. The provisions laid down in Section 8 of Act no. 300 of 20 May 1970 shall be left unprejudiced. 76
CHAPTER III – BAN ON DISTANCE MONITORING AND TELEWORK
Section 114
(Distance Monitoring)
1. The provisions made in Section 4 of Act no. 300 of 20 May 1970 shall be left unprejudiced.
Section 115
(Telework and Home-Based Work)
1. In the context of home-based work and telework, employers shall be required to ensure that the
employees’ personality and moral freedom are respected.
2. Home-based workers shall be required to ensure confidentiality as necessary with regard to all
family-related matters.
CHAPTER IV – ASSISTANCE BOARDS AND SOCIAL WORK
Section 116
(Availability of Data under the Terms Agreed upon with Data Subjects)
1. Assistance and social work boards may access  the data banks of the entities providing the
relevant services under the terms agreed upon with data subjects, in order to discharge their
respective tasks, as regards the data categories that have been referred to specifically upon obtaining
the data subjects’ consent in pursuance of Section 23.
2. Guidelines for ad-hoc agreements to be made between assistance and social work boards and the
entities providing the relevant services shall be set out in a decree by the Minister of Work and
Social Policies.
TITLE IX – BANKING, FINANCIAL AND INSURANCE SYSTEMS
CHAPTER I – INFORMATION SYSTEMS 77
Section 117
(Reliability and Timeliness in Payment-Related Matters)
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice for the processing of personal data that is carried out within the framework of
information systems owned by private entities, where they are used to grant consumer credits or
else concern data subjects’ reliability and timeliness in performing payments, by also laying down
specific arrangements to facilitate communication of accurate, up-to-date personal data in
compliance with data subjects’ rights.
Section 118
(Commercial Information)
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice for the processing of personal data that is carried out for commercial
information purposes, by also setting forth simplified arrangements to inform data subjects and
appropriate mechanisms to ensure quality and accuracy of the data collected and communicated, in
line with the provisions made in Section 13(5).
Section 119
(Data Concerning Payment of Debts)
1. The code of conduct and professional practice referred to in  Section 118 shall  also lay down
harmonised retention periods for the personal data contained, in particular, in data banks, registers
and lists kept by public and private bodies with regard to payment of debts by data subjects in cases
other than those regulated by the Code referred to in Section 117. Account shall have to be taken of
the specific features of the processing operations carried out in the different sectors.
Section 120
(Car Accidents)
1. The Istituto per la vigilanza sulle assicurazioni private e di interesse collettivo (ISVAP)
[Supervisory Body for Private Insurance] shall lay down procedural and operational mechanisms
applying to the car accidents data bank that was set up to prevent and fight fraud in connection with
the compulsory insurance for motor vehicles registered in Italy; further, the arrangements for
accessing the information collected in said data  bank as regards judicial authorities and public
administrative agencies that are competent over prevention of and fight against fraud in the
compulsory insurance sector as well as limitations on and arrangements for access to said
information by insurance companies shall be set out. 78
2. Personal data may be processed and communicated to the entities referred to in paragraph 1 in
order to discharge the tasks referred to in said paragraph.
3.
10
 To the matters that are not regulated by this Section there shall apply the provisions contained
in  Section 135 of the Private Insurance Code.
TITLE X – ELECTRONIC COMMUNICATIONS
CHAPTER I – ELECTRONIC COMMUNICATION SERVICES
Section 121
(Services Concerned)
1. This Title shall apply to the processing of  personal data in connection with the provision of
publicly accessible electronic communication services on public communications networks.
Section 122
(Information Collected with Regard to Subscribers or Users)
1. Subject to paragraph 2, it shall be prohibited to use an electronic communication network to gain
access to information stored in the terminal equipment of a subscriber or user, to store information
or monitor operations performed by an user.
2. The Code of conduct referred to in Section 133 shall lay down prerequisites and limitations for a
provider of an electronic communication service to use the network in the manner described in
paragraph 1 for specific, legitimate purposes related to technical storage for no longer than is
strictly necessary to transmit a communication or provide a specific service as requested by a
subscriber or user that has given his/her consent based on prior information as per Section 13,
whereby purposes and duration of the processing shall have to be referred to in detail, clearly and
accurately.
Section 123
(Traffic Data)
1. Traffic data relating to subscribers and users that are processed by the provider of a public
communications network or publicly available electronic communications service shall be erased or
                                             
10
 This paragraph was amended by Section 352 of the Private Insurance Code as per legislative decree no. 209 dated 7
September 2005; the amendment came into force as of 1 January 2006. 79
made anonymous when they are no longer necessary for the purpose of transmitting the electronic
communication, subject to paragraphs 2, 3 and 5.
2. Providers shall be allowed to process traffic data that are strictly necessary for subscriber billing
and interconnection payments for a period not in excess of six months in order to provide evidence
in case the bill is challenged or payment is to be pursued, subject to such additional retention as
may be specifically necessary on account of a claim also lodged with judicial authorities.
3. For the purpose of marketing electronic communications services or for the provision of value
added services, the provider of a publicly available electronic communications service may process
the data referred to in paragraph 2 to the extent and for the duration necessary for such services or
marketing, on condition that the subscriber or user to whom the data relate has given his/her
consent. Such consent may be withdrawn at any time.
4. In providing the information referred to in Section 13, the service provider shall inform a
subscriber or user on the nature of the traffic data processed as well as on duration of the processing
for the purposes referred to in paragraphs 2 and 3.
5. Processing of traffic data shall be restricted to persons in charge of the processing who act –
pursuant to Section 30 – directly under the authority of the provider of a publicly available
electronic communications service or, where applicable, the provider of a public communications
network and deal with billing or traffic management, customer enquiries, fraud detection, marketing
of electronic communications or  the provision of value-added  services. Processing shall be
restricted to what is absolutely necessary for the purposes of such activities and must allow
identification of the person in charge of the processing who accesses the data, also by means of
automated interrogation procedures.
6. The Authority for Communications Safeguards may obtain traffic and billing data that are
necessary for settling disputes, particularly with regard to interconnection or billing matters.
Section 124
(Itemised Billing)
1. Subscribers shall have the right to receive, upon request and free of charge, detailed proof of the
items making up the bill, in particular concerning date and starting time of a conversation, selected
numbers, type of numbering, place, duration and units charged for each conversation.
2. The provider of a publicly  available electronic communications service shall be required to
enable users to perform communications and request services from any terminal equipment - free of
charge and using simple means – by availing themselves of alternative payment methods, including
anonymous methods, such as credit cards, debit cards or pre-paid cards.
3. The services and communications referred to in paragraph 2 and the communications required to
implement alternative payment methods shall not be displayed in the documents sent to subscribers
concerning the communications performed.
4. The final three digits of the called numbers shall not be displayed in subscriber bills. A subscriber
may request communication of the full numbers relating to the communications at stake for the sole 80
purpose of specifically challenging either the accuracy of certain charges or charges relating to
limited periods.
5. Having established that the methods referred to in paragraph 2 are actually available, the Garante
may authorise the provider to report the full numbers in the bills.
Section 125
(Calling Line Identification)
1. Where presentation of calling line identification is available, the provider of a publicly available
electronic communications service shall ensure that the calling user has the possibility, free of
charge and using simple means, to eliminate the presentation of calling line identification on a percall basis. The calling subscriber must have the same possibility on a per-line basis.
2. Where presentation of calling line identification is available, the provider of a publicly available
electronic communications service shall ensure that the  called subscriber has the  possibility, free
of charge and using simple means, to prevent presentation of identification of incoming calls.
3. Where presentation of calling line identification is available and such identification is presented
prior to the call being established, the provider of a publicly available electronic communications
service shall ensure that the called subscriber has the possibility, free of charge and using simple
means, to reject incoming calls if the presentation of calling line identification has been eliminated
by the calling user or subscriber.
4. Where presentation of connected line identification is available, the  provider of a publicly
available electronic communications service shall ensure that the called subscriber has the
possibility, free of charge and using simple means, to prevent the presentation of connected line
identification to the calling user.
5. Paragraph 1 shall also apply to calls to countries outside the European Union. Paragraphs 2 to 4
shall also apply with regard to calls originating in said countries.
6. Where presentation of calling or connected line  identification is available, the provider of a
publicly available electronic communications service shall inform subscribers and users of the
existence of such service as well as of the possibilities referred to in paragraphs 1, 2, 3 and 4.
Section 126
(Location Data)
1. Location data other than traffic data, relating to users or subscribers of public communications
networks or publicly available  electronic communications services, may only be processed when
they are made anonymous, or with the prior consent of the users  or subscribers, which may be
withdrawn at any time, to the extent and for the duration necessary for the provision of a value
added service. 81
2. The service provider must inform the users or subscribers, prior to obtaining their consent, of the
type of location data other than traffic data which will be processed, of the purposes and duration of
the processing and whether the data will be transmitted to a third party for the purpose of providing
the value added service.
3. Where consent of the users or subscribers has been obtained for the processing of location data
other than traffic data, the user or subscriber shall continue to have the possibility, using a simple
means and free of charge, of requesting to temporarily refuse the processing of such data for each
connection to the network or for each transmission of a communication.
4. Processing of location data other than traffic data in accordance with paragraphs 1, 2 and 3 shall
be restricted to persons in charge of the processing acting pursuant to Section 30 under the authority
of the provider of the publicly available communications service or, as the case may be, the public
communications network or of the third party providing the value added service. Processing shall be
restricted to what is necessary for the purposes of providing the value added service and must
ensure identification of the persons in charge of the processing that access the data also by means of
automated interrogation operations.
Section 127
(Nuisance and Emergency Calls)
1. Any subscriber receiving nuisance calls may request that the provider of a public
communications network or publicly available electronic communications service override, on a
temporary basis, the elimination of the presentation of calling line identification and store the data
concerning the origin of the incoming call. Overriding the elimination of the presentation of calling
line identification may only be provided for in connection with the time ranges during which the
nuisance calls take place and for no longer than fifteen days.
2. The request made in writing by the subscriber shall specify the manner in which the nuisance
calls are received and, if it is preceded by a request made by phone, shall be forwarded within the
following forty-eight hours.
3. The data stored pursuant to paragraph 1 may be communicated to a subscriber where the latter
declares that he/she will only use them to protect himself/herself against nuisance calls. As for the
services referred to in paragraph 1, the provider shall make available transparent procedures to
subscribers and may charge them amounts not exceeding the costs actually incurred.
4. The provider of a public communications network or publicly available electronic
communications service shall set out transparent procedures in order to ensure that the services
authorised to deal with emergency calls may override, on a per-line basis, the elimination of the
presentation of calling line identification and, if necessary, process location data notwithstanding
the temporary denial or absence of consent of the subscriber or user.  Said services shall be
specified in a decree issued by the Minister of Communications after seeking the opinion of the
Garante and the Authority for Communications Safeguards. 82
Section 128
(Automatic Call Forwarding)
1. The provider of a publicly available electronic communications service shall take the measures
required to allow each subscriber, free of charge  and using simple means, to stop automatic call
forwarding by third parties to his/her own terminal.
Section 129
(Directories of Subscribers)
1. The Garante shall issue a provision, in co-operation with the Authority for Communications
Safeguards as per Section 154(3) as well as in compliance with Community legislation, to set out
the arrangements for entering and subsequently using subscribers’ personal  data as contained in
publicly available paper or electronic directories, also with regard to the data collected prior to entry
into force of this Code.
2. The provision referred to in Section 1 shall lay down appropriate mechanisms for  subscribers to
give their consent to inclusion in said directories as well as to the use of their data for the purposes
referred to in Section 7(4), letter b), the relevant principles  consisting in the highest possible
simplification of the mechanisms for being included in a directory that is only intended to allow
searching the contact details of a subscriber, in  the need for the subscriber’s express, specific
consent if the purposes of the processing are broader in scope as well as in the possibility for
subscribers to access, rectify or erase their data free of charge.
Section 130
(Unsolicited Communications)
1. The use of automated calling systems without  human intervention for the purposes of direct
marketing or sending advertising materials, or else for carrying out market surveys or interactive
business communication shall only be allowed with the user’s consent.
2. Paragraph 1 shall also apply to electronic communications performed by e-mail, facsimile, MMS-
or SMS-type messages or other means for the purposes referred to therein.
3. Except as provided for in paragraphs 1 and 2, further communications for the purposes referred to
therein as performed by different means shall be allowed in pursuance of Sections 23 and 24 as well
as under the terms of paragraph 3-bis below
11
.
3-bis. By way of derogation from Section 129, processing by telephone and mail of the data referred
to in Section 129(1) for the purposes set forth in Section 7(4), letter b., shall be allowed in respect of
any entities that have not exercised their right to object, via simplified mechanisms including the
                                             
11
 This paragraph was amended by Section 20-bis, paragraph 1, letter a., of the decree no. 135 dated 25 September
2009, as converted with amendments into Act no. 166 dated 20 November 2009. 83
use of electronic networks, by having the respective telephone numbers and other personal data as
per Section 129(1) entered in a public opt-out register.
12
 [Amended by Section 6(2)a, item 6. of
decree no. 70 dated 13 May 2011]
3-ter. The register as per paragraph 3-bis shall be set up by a decree of the President of the Republic
to be adopted in pursuance of section 17(2)  of Act no. 400 dated 23 August 1988 following a
resolution by the Council of Ministers, after obtaining the opinions of the Council of State and the
competent Parliamentary Committees – to be rendered within thirty days of the respective requests
– as well as the opinion of the Authority for Communications Safeguards with regard to the issues
falling under the latter Authority’s scope of competence – to be rendered within the same deadline;
the following general standards and principles shall have to be followed:
a. the register shall be set up with and managed by a public body and/or organization that has vested
competences in this area;
b. the body and/or organisation in charge for setting up and managing the register shall have to rely
on the human resources and tools it holds at its disposal; alternatively, setting up and management
of the register may be committed to third parties, which shall undertake to be liable for all the
relevant financial and organisational charges, by way of a contract for the supply of services in
accordance with the Code of Public Contracts relating to works, services and supplies as per
legislative decree no. 163 dated 12 April 2006. The entities resorting to the register in order to carry
out their communications shall be charged an  access tariff based on the actual operational and
maintenance costs. The Ministry for Economic Development shall determine the said tariffs by an
order;
c. The technical arrangements applying to operation of the register shall be such as to enable every
user to request that the respective number be entered in the register via simplified mechanisms
including the use of electronic networks and/or the telephone;
d. The technical arrangements applying to operation of and access to the register shall be such as to
enable selective queries that should not allow transferring the data contained in the said register,
whereby all the operations shall be logged and the access data shall be stored;
e. The timeline and arrangements for entering and updating information in the register shall be set
forth, whereby no distinction shall be drawn in terms of industry sector and/or type of commodity,
and the maximum period shall be laid down during which the validated data contained in the
register may be used; it shall be provided that the data are entered in the register for an indefinite
amount of time and may be removed therefrom at any time via simple mechanisms and free of
whatever charge;
f. any entities processing data for the purposes mentioned in section 7(4), letter b., shall be required
to ensure presentation of calling line identification and provide the appropriate information to users,
                                             
12
 This paragraph along with paragraph 3-ter and paragraph 3-quater was added by Section 20-bis, paragraph 1, letter b.,
of the decree no. 135 dated 25 September 2009, as converted with amendments into Act no. 166 dated 20 November
2009.
For the sake of completeness, paragraphs 2 to 4 of Section 20-bis of the aforementioned decree are reported below:
“2. The register mentioned in Section 130(3-bis) of the [Data Protection Code], as introduced by paragraph 1, letter b.,
of this section, shall be set up within six months as from the date of entry into force of  [this] Act. Pending the said entry
into force, the provisions adopted by the Italian data protection authority in pursuance of section 154 of the Data
Protection Code, as subsequently amended, shall continue to be applicable in pursuance of section 129 thereof.
3. In section 44(1-bis) of decree no. 207 dated 30 December 2008 as converted, with amendments, into Act no. 14 dated
27 February 2009, the words “until 31 December 2009” shall be replaced by the following: “until expiry of a six-month
period following the date of entry into force of the Act converting decree no. 135 dated 25 September 2009”.
4. In section 58 of the Consumer Code as per legislative decree no. 206 dated 6 September 2005, paragraph 1 shall be
replaced by the following: “1. Use by a professional of telephone, electronic mail, non-operator assisted automated
calling systems, and/or facsimile shall require the consumer’s prior consent - subject to the provisions contained in
section 130(3-bis) of the personal data protection Code (legislative decree no. 196/2003) – as for  processing of the data
contained in publicly available subscriber directories.”  84
with particular regard to the possibility and arrangements to have their data entered in the register so
as to object to being contacted in future;
g. it shall be provided that inclusion in the register does not prevent processing of the data that have
been acquired via other channels and are processed in compliance with sections 23 and 24.
3-quater. Supervision and control over organisation and operation of the register as per paragraph 3-
bis and the relevant data processing operations shall be committed to the Italian data protection
authority.
4. Subject to paragraph 1, where a data controller uses, for direct marketing of his/her own products
or services, electronic contact details for electronic mail supplied by a data subject in the context of
the sale of a product or service, said data controller may fail to request the data subject’s consent, on
condition that the services are similar to those that have been the subject of the sale and the data
subject, after being adequately informed, does not object to said use either initially or in connection
with subsequent communications. The data subject shall be informed of the possibility to object to
the processing at any time, using simple means and free of charge, both at the time of collecting the
data and when sending any communications for the purposes referred to in this paragraph.
5. In any event, the practice of sending communications for the purposes referred to in paragraph 1
or anyhow for promotional purposes by disguising or concealing the identity of the sender, or
without a valid address to which the data subject may send a request to exercise the rights referred
to in Section 7, shall be prohibited.
6. In case of persistent breach of the provisions laid down in this Section, the Garante may also
order the provider of electronic communications services, under  Section 143(1),  letter b), to
implement filtering procedures or other practicable measures with regard to the electronic contact
details for electronic mail used for sending the communications.
Section 131
(Information Provided to Subscribers and Users)
1. The provider of a publicly available electronic communications service shall inform
subscribers and, if possible, users concerning the existence of situations that allow the
contents of communications or conversations to be unintentionally made known to persons
who are not party to them.
2. Subscribers shall inform users whenever the contents of communications or conversations
may come to be known by others either because of the type of terminal equipment used or
because of the connection established between such terminal equipment at the subscribers'
premises.
3. An user shall inform another user whenever, during a conversation, devices are used to
enable said conversation to be heard by others. 85
Section 132
13

(Traffic Data Retention for Other Purposes)
1.
14
 Without prejudice to Section 123(2), telephone traffic data shall be retained by the provider for
twenty-four months as from the date of the communication with a view to detecting and suppressing
criminal offences, whereas electronic communications traffic data, except for the contents of
communications, shall be retained  by the provider for twelve months as from the date of the
communication with a view to the same purposes.
1-bis. The data related to unsuccessful calls  that are processed on a  provisional basis by the
providers of publicly available  electronic communications services or a public communications
network shall be retained for thirty days.
15
2.
16
 [Repealed.]
3. Within the term referred to in paragraph 1, the data may be acquired from the provider by means
of a reasoned order issued by the public prosecutor also at the request  of defence counsel, the
person under investigation, the injured party, or any other private party. Defence counsel for either
                                             
13
 As amended by Decree-Law no. 354 of 24
th
 December 2003, converted, with amendments, into Act no. 45 of 26
th
February 2004; Decree-Law no. 144 of  July 27, 2005 converted with amendments into Act no. 155 of July 31, 2005
(“Urgent Measures to Fight Terrorism”), Decree-Law no. 248/2007 converted with amendments into Act no. 31/2008
dated 27 February 2008, Act no. 48 dated 18 March 2008 ratifying the Council of Europe’s Convention on Cybercrime
of 23 November 2001, and Presidential Decree no. 109 dated 30 May 2008 (implementing directive 2006/24/EC).
An excerpt of the relevant provisions contained in the decree-law no. 144/2005 is reported here for the sake of
completeness, as subsequently amended by decree no. 248 dated 31 December 2007 converted with amendments into
Act no. 31/2008 dated 27 February 2008:
“Article 6. (New Provisions on Telephone and Internet Traffic Data) (1) As of the date of entry into force of this decree
[August 2, 2005] until entry into force of the legislative instrument implementing directive 2006/24/EC of the European
Parliament and the Council, of 15 March 2006, and in any case until no later than 31 December 2008, application of
laws, regulations and/or administrative measures providing and/or allowing for erasure of telephone and/or electronic
communications traffic data shall be suspended, regardless of whether the said data are needed for billing purposes; the
data in question shall have to be retained by providers of publicly available communications networks and/or electronic
communications services until entry into force of the legislative instrument implementing directive 2006/24/EC of the
European Parliament and the Council, of 15 March 2006, and in any case until no later than 31 December 2008, except
for the contents of the communications and by having regard to the information allowing accesses and – where
available – services to be tracked, whereby any provisions in force envisaging longer retention periods shall have to be
left unprejudiced. Any traffic data that is retained beyond the period set out in Section 132 of legislative decree no.
196/2003 may only be used for the purposes set out herein, subject to prosecution of offences that are prosecutable in
any case.
(…)
Article 7. (Provisions Supplementing the Administrative Measures on Public Establishments Offering Telephone and
Internet Access Points). (1). As of the fifteenth day following the date of entry into force of this decree [August 2, 2005]
until December 31, 2008, whoever plans to open up a public establishment and/or a private club of whatever kind
whose activity consists, either exclusively or predominantly, in making available terminal equipment to the public,
customers and/or members, whereby the said equipment may be used for electronic or other communications, or where
over three pieces of such equipment are installed, shall have to apply to the competent questore [Head of provincial
police office] for a licence. No licence shall be required if only public payphones are installed allowing exclusively
voice calls to be made.
(2) As regards the entities already carrying out the activities referred to in paragraph 1, the licence shall have to be
applied for within sixty days as of the date of entry into force of this decree.”
14
 This paragraph was amended firstly by Section 6(3) of decree no. 144/2005, and thereafter by Section 2 of legislative
decree no. 109/2008.
15
 This paragraph was added by Section 2 of legislative decree no. 109/2008 and entered into force as per the time
schedule set forth in Section 6(3) thereof.
16
 This paragraph was repealed by Section 2(1)c. of legislative decree no. 109/2008 along with paragraph 4 and
paragraph 4-bis hereof.. 86
the defendant or the person under investigation may directly request the provider to make available
the data relating to the subscriptions entered into by his/her client according to the arrangements
specified in Section 391-quater of the Criminal Procedure  Code without prejudice to the
requirements set out in Section 8(2), letter f), with regard to incoming phone calls.
4. [Repealed.]
4-bis. [Repealed.]
4-ter.
17
 The Minister for Home Affairs or the heads of the central offices specialising in computer
and/or IT matters from the State Police, the Carabinieri, and the Financial Police as well as the other
entities mentioned in paragraph 1 of section 226 of the implementing, consolidating, and
transitional provisions related to the Criminal  Procedure Code as per  legislative decree no.
271/1989, where delegated by the Minister for Home Affairs, may order IT and/or Internet service
providers and operators to retain and protect Internet traffic data, except for contents data, according
to the arrangements specified above and for no longer than ninety days, also in connection with
requests lodged by foreign investigating authorities, in order to carry out the pre-trial investigations
referred to in the said section 226 of the provisions enacted via legislative decree no. 271/1989, or
else with a view to the detection and suppression of specific offences. The term referred to in the
order in question may be extended, on grounds to  be justified, up to six months whilst specific
arrangements may be made for keeping the data as well as  for ensuring that the data in question are
not available to the IT and/or Internet service providers and operators and/or to third parties.
4-quater. Any IT and/or Internet service providers and/or operators that are the subject of the order
mentioned in paragraph 4-ter shall comply without delay and forthwith give assurances to the
requesting authority as to their compliance. IT and/or Internet service providers and/or operators are
required to keep the order at issue confidential along with any activities performed accordingly
throughout the period specified by the said authority. Violation of this requirement shall be
punished in accordance with section 326 of the Criminal code unless the facts at issue amount to a
more serious offence.
4-quinquies. The measures taken under paragraph 4-ter above shall be notified in writing without
delay, in any case by forty-eight hours as from service on the addressee(s), to the public prosecutor
that is competent for the place of enforcement, who shall endorse them if the relevant preconditions
are fulfilled. The measures shall cease to be enforceable if they are not endorsed.
5.
18
 Data processing for the purposes referred to in paragraph 1 shall be carried out by complying
with the measures and precautions to safeguard data subjects as required under Section 17, which
are aimed at ensuring that the retained data fulfil the same quality, security and protection
requirements as network data as well as at:
a. providing in all cases for specific systems allowing both computer-based authentication and
authorisation of persons in charge of the processing as per Annex B,
b.
19
 [Repealed.]
c. [Repealed.]
d.
20
 laying down technical mechanisms to regularly  destroy the data after expiry of the term
referred to in paragraph 1.
                                             
17
 This paragraph was added by Section 10 of Act no. 48 dated 10 March 2008 along with paragraph 4-quater and 4-
quinquies hereof.
18
 This paragraph was amended by Section 2(1)d. of legislative decree no. 109/2008.
19
 This letter was repealed by Section 2(1)d. of legislative decree no. 109/2008 along with letter c. hereof. 87
CHAPTER II – INTERNET AND ELECTRONIC NETWORKS
Section 133
(Code of Conduct and Professional Practice)
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice applying to the processing of personal data by providers of communication
and information services supplied by means of electronic communications networks, with particular
regard to the criteria to ensure and streamline  adequate information and awareness by users of
public and private electronic communications networks as to the categories of personal data
processed and the mechanisms for such processing – in particular, by providing information notices
online using simple means and in an interactive manner, so as to enhance openness and fairness in
respect of the users as well as full compliance with the principles referred to in Section 11 also with
a view to certifying quality of the implemented mechanisms and the security level afforded.
CHAPTER III – VIDEO SURVEILLANCE
Section 134
(Code of Conduct and Professional Practice)
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice applying to the processing of  personal data that is performed by means of
electronic image acquisition devices, by setting forth specific processing arrangements and
simplified mechanisms to inform data subjects in order to ensure lawfulness and fairness of the
processing also in the light of Section 11.
TITLE XI – SELF-EMPLOYED PROFESSIONALS AND PRIVATE
DETECTIVES
CHAPTER I – IN GENERAL
Section 135
(Code of Conduct and Professional Practice)
                                                                                                                                                               
20
 This letter was amended by Section 2(1)d., point 3, of legislative decree no. 109/2008. 88
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice applying to the processing of personal data  that is performed to carry out
investigations by defence counsel as per Act no. 397 of 7 December 2000 or  else to establish or
defend a legal claim, in particular as regards self-employed professionals and entities authorised
under the law to operate as private detectives.
TITLE XII – JOURNALISM AND LITERARY AND ARTISTIC
EXPRESSION
CHAPTER I – IN GENERAL
Section 136
(Journalistic Purposes and Other Intellectual Works)
1. This Title shall apply to processing operations
a) that are carried out in the exercise of the journalistic profession and for the sole purposes related
thereto;
b) that are carried out by persons included either in the list of free-lance journalists or in the roll of
trainee journalists as per Sections 26 and 33 of Act no. 69 of 03.02.63;
c) that are carried out on a temporary basis exclusively for the purposes of publication or occasional
circulation of articles, essays and other intellectual works also in terms of artistic expression.
Section 137
(Applicable Provisions)
1. The provisions laid down in this Code concerning
a) the authorisation granted by the Garante pursuant to Section 26,
b) the safeguards referred to in Section 27 in connection with judicial data,
c) cross-border data flows as per Title VII of Part I,
shall not apply to the processing operations referred to in Section 136.
2. The data processing operations referred to in paragraph 1 may be performed also in the absence
of the data subject’s consent as per Sections 23 and 26. 89
3. If the data are communicated or disseminated for the purposes referred to in Section 136, the
limitations imposed on freedom of the press to protect the rights as per Section 2, in particular
concerning materiality of the information with regard to facts of public interest, shall be left
unprejudiced. It shall be allowed to process the data concerning circumstances or events that have
been made known either directly by the data subject or on account of the latter's public conduct.
Section 138
(Professional Secrecy)
1. The provisions concerning professional secrecy in the journalistic profession shall be left
unprejudiced as related to the source of the information if a data subject requests to be informed of
the source of the personal data in accordance with Section 7(2), letter a).
CHAPTER II – CODE OF PRACTICE
Section 139
(Code of Practice Applying to Journalistic Activities)
1. The Garante shall encourage, pursuant to Section 12, adoption of a code of practice by the
National Council of the Press Association as regards processing of the data referred to in Section
136. The code shall include measures and provisions to safeguard data subjects as appropriate in
respect of the nature of the data, with particular regard to those disclosing health and sex life. The
code may also lay down simplified arrangements  for providing the information referred to in
Section 13.
2. In the course of drawing up said code, or thereafter, the Garante in cooperation with the Council
shall lay down measures and provisions to safeguard data subjects, which the Council shall have to
adopt.
3. Where the code of practice or  any amendments or additions thereto fail to be adopted by the
Council within six months of the proposal put forward by the Garante, they shall be adopted
vicariously by the Garante and enforced until different regulations come into force pursuant to the
cooperation procedure.
4. The code and any amendments or additions thereto shall come into force fifteen days after
publication in the Official Journal as per Section 12.
5. Should any of the provisions in the code of practice be infringed, the Garante may prohibit the
processing pursuant to Section 143(1), letter c). 90
TITLE XIII – DIRECT MARKETING
CHAPTER I – IN GENERAL
Section 140
(Code of Conduct and Professional Practice)
1. The Garante shall encourage, pursuant to  Section 12, adoption of a code of conduct and
professional practice applying to  the processing of personal data that is performed to send
advertising materials or for direct selling purposes, or else to carry out market surveys or commercial
communication activities, by also laying down simplified arrangements for a data subject to indicate
and highlight his/her objection to receiving certain communications whenever the data subject’s
consent is not a prerequisite for the processing. 91
PART III – REMEDIES AND SANCTIONS 92
TITLE I – ADMINISTRATIVE AND JUDICIAL REMEDIES
CHAPTER I – REMEDIES AVAILABLE TO DATA SUBJECTS
BEFORE THE GARANTE
I – GENERAL PRINCIPLES
Section 141
(Available Remedies)
1. Data subjects may apply to the Garante
 a) to lodge a circumstantial claim pursuant  to Section 142, in order to point out an
infringement of the relevant provisions on the processing of personal data,
 b) to lodge a report, if no circumstantial claim as per letter a) may be lodged, in order to call
upon the Garante to check up on the aforementioned provisions,
 c) to lodge a complaint with a view to establishing the specific rights referred to in Section 7
in accordance with the arrangements and for the purposes laid down in Part III of this Chapter.
II – ADMINISTRATIVE REMEDIES
Section 142
(Lodging a Claim)
1. A claim shall refer, with as many details as possible, to the facts and circumstances on which it is
grounded, the allegedly infringed provisions and the remedies sought as well as to the identification
data concerning data controller, data processor, if available, and claimant.
2. The claim shall be undersigned either by the data subjects or by associations representing them
also pursuant to Section 9(2) and shall be lodged with the Garante without any specific formalities
being required. Such documents as may be helpful for assessment purposes shall be annexed to the
claim including the relevant letter of attorney, if any, and an address shall be specified to send
communications also by e-mail, facsimile or telephone.
3. The Garante may draw up a claim form to be published in the Bulletin and made available via
electronic means. 93
Section 143
(Handling a Claim)
1. Upon conclusion of the preparatory phase, if the claim is not found to be manifestly groundless
and the prerequisites for a decision are fulfilled, the Garante
a) may call upon the data controller – also requesting the latter to appear  jointly with the data
subject – to autonomously block the processing before ordering that the measures referred to in
letter b) are taken, or before prohibiting or blocking the processing as per letter c),
b) shall order that the data controller takes such measures as are necessary or appropriate to bring
the processing into line with the provisions in force,
c) shall block or prohibit the processing, in whole or in part, if the latter is found to be unlawful or
unfair partly because of the failure to take the necessary measures as per letter b), or else if there is
an actual risk that it may be considerably prejudicial to one or more of the data subjects by having
regard to the nature of the data, the arrangements applying to the processing or the effects that may
be produced by the processing,
d) may prohibit, in whole or in part, processing of data concerning individual entities or categories
if it is in conflict with the substantial public interest,
also prior to finalising the relevant proceeding.
2. The provisions referred to in paragraph 1 shall be published in the Official Journal of the Italian
Republic if the relevant addressees cannot be easily identified on account either of their number or
of the complexity of the inquiries.
Section 144
(Reports)
1. The provisions referred to in Section 143 may also be taken in connection with a report lodged as
per Section 141(1), letter b), if preliminary investigations have already been started, also prior to
finalising the relevant proceeding.
III – NON-JUDICIAL REMEDIES
Section 145
(Complaints)
1. The rights as per Section 7 may be enforced either by filing a lawsuit or by lodging a complaint
with the Garante. 94
2. Lodging a complaint with the Garante shall not  be permitted if an action regarding the same
matter and between the same parties has already been brought before a judicial authority.
3. Lodging a complaint with the Garante shall prevent an action from being brought by the same
parties and for the same matter before a judicial authority.
Section 146
(Prior Request to Data Controller or Processor)
1. Except where the running of time would cause imminent, irreparable harm to a person, lodging a
complaint with the Garante shall only be permitted after a request concerning the same matter has
been made to the data controller or processor pursuant to Section 8(1) and the term provided for in
this Section has expired, or else if said request has not been granted also in part.
2. A response to the request shall be provided by the data controller or processor within fifteen days
of its receipt.
3. Within the deadline referred to in paragraph 2, the data controller or processor shall inform the
data subject that the operations required to fully comply with his/her request are especially
complex, or that delay can be accounted for on other grounds. In this case, the request shall have to
be complied with in full within thirty days of its receipt.
Section 147
(Lodging a Complaint)
1. A complaint shall be lodged against the data controller by specifying:
 a) name of complainant, special agent, if any, data controller and, where known, the
data processor that has been designated to provide responses to data subjects exercising the
rights referred to in Section 7;
 b) date of the request made to the data controller or processor pursuant to Section 8(1),
or else the imminent, irreparable harm making said request unnecessary;
 c) the grounds for the complaint;
 d) the remedy sought from the Garante;
e) the domicile of choice for the purposes of the relevant proceeding.
2. The complaint shall be undersigned by either the complainant or the latter’s special agent and
include as attachments
 a) a copy of the request made to the data controller or processor pursuant to Section 8(1);
 b) the letter of attorney, if any;
c) proof of the payment of office charges. 95
3. Any documents that may be helpful in evaluating the complaint shall be also attached, including
an address for the service of communications on either the complainant or the special agent by email, facsimile or telephone.
4. The complaint shall be lodged with the Garante and the relevant signature shall be certified true.
No certification shall be necessary if the complaint is undersigned either at the Office of the Garante
or by a special agent who is included in the roll of lawyers and has been granted power of attorney
in accordance with Section 83 of  the Civil Procedure Code, or else if it is electronically signed
pursuant to the legislation in force.
5. Complaints shall have to be lodged exclusively either by registered letter or by electronic
networks in compliance with the arrangements concerning digital signature and receipt
confirmation that are referred to in Section 38(2); alternatively, they may be lodged directly with
the Office of the Garante.
Section 148
(Inadmissible Complaints)
1. A complaint shall be inadmissible
a) if it is lodged by a person having no legitimate title thereto,
 b) if Sections 145 and 146 are not complied with,
 c) in default of any of the items referred to in Section 147(1) and (2), unless the
complainant or the special agent amend the complaint, also following the invitation made by
the Office of the Garante in accordance with paragraph 2, within seven days of the date on
which it was lodged or said invitation was received. In this case, the complaint shall be
regarded as lodged at the time when the amended complaint is received by the Office.
2. The Garante shall specify the cases in which a complaint may be amended.
Section 149
(Handling a Complaint)
1. The Office of the Garante shall be responsible for communicating a complaint to the data
controller within three days, except where it has been declared to be inadmissible or manifestly
groundless, also informing said controller that he/she may notify both the complainant and the
Office within ten days of the receipt of the above communication  that he/she will voluntarily
comply. Said information shall be provided to the data controller by the data processor, if any, that
has been designated to provide responses to data subjects in case the rights as per Section 7 are
exercised, on condition that this is referred to in the complaint.
2. In case of voluntary compliance, a declaration of no case to answer shall be returned. Upon the
complainant’s request, costs and charges relating to the complaint shall be calculated as a lump sum
and either awarded to the opposing party or balanced, also in part, on rightful grounds. 96
3. The data controller, the data processor referred to in paragraph 1 and the data subject shall have
the right of being heard, whether personally or through a special agent,  and of submitting pleadings
or documents. To that end, the communication referred to in para. 1 shall be also sent to the
complainant and specify the term within which the data controller, processor or data subject may
submit pleadings and documents as well as the day on which said persons may be heard, also by
means of suitable audiovisual techniques.
4. In the course of the proceeding, the complainant may better specify his/her claim to the extent
that it falls within the scope of the complaint, or else if the data controller raises objections.
5. The Garante may order, also ex officio, that one or more expert assessments be carried out. The
relevant order shall specify the scope of such assessment and its deadline and shall be
communicated to the parties, who may attend either personally or through their agents or advisors.
The order shall also make arrangements for the payment in advance of any costs relating to the
assessment.
6. The data controller and the data processor referred to in paragraph 1 may be assisted in the
proceeding by an agent or a person of their choice.
7. If the enquiries are especially complex or the parties agree thereto, the sixty-day term referred to
in Section 150(2) may be extended by no more than forty additional days.
8. Running of time as per Section 150(2) and Section 151 shall be stopped by operation of law from
1 August to 15 September of each year and shall start again as of the end of the latter period. Should
time start running during said period, the start shall be postponed to the end of the selfsame period.
Running of time shall not be stopped whenever there exists the harm referred to in Section 146(1)
and its stopping shall not prevent taking the measures referred to in Section 150(1).
Section 150
(Measures Taken Following a Complaint)
1. If so required by the specific case, the Garante may provisionally order either the partial or total
blocking of some of the data, or the immediate termination of one or more processing operations.
Such order may also be adopted prior to communicating the complaint as per Section 149(1) and
shall cease to be effective if  the decision mentioned in paragraph 2 is not rendered within the
relevant deadline. The order may be challenged together with said decision.
2. Having gathered the necessary information, the Garante shall order with a reasoned decision, if
the complaint is found to be grounded, that the data controller abstain from the unlawful conduct;
the Garante shall also specify the remedies to enforce the data subject’s rights and set a term for
their implementation. If no decision on the complaint is rendered within sixty days of the date on
which the complaint was lodged, the complaint shall have to be regarded as dismissed.
3. If any party previously requested it, the provision by which the proceeding is finalised shall also
set out the costs and office charges relating to the complaint as a lump sum either to be awarded,
also in part, to the losing party, or to be compensated for, also in part, on rightful grounds. 97
4. The decision taken by the Garante, regardless of its being provisional, shall be communicated to
the parties within ten days either at their domiciles of choice or at the domiciles specified in the case
records. Said decision may be communicated to the parties also by e-mail or facsimile.
5. If enforcement of the decision referred to in paragraphs 1 and 2 proves difficult or is objected to,
the Garante shall lay down implementing arrangements, after hearing the parties if appropriate, by
availing itself, if necessary, either of Office staff or of the collaboration of other public authorities.
6. If the provision in which costs and charges are set out is not challenged, or if it is dismissed, said
provision shall be regarded as an enforcement order pursuant to Sections 474 and 475 of the Civil
Procedure Code with regard to such costs and charges.
Section 151
(Challenging)
1. The decision and/or tacit dismissal referred to in Section 150(2) may be challenged by the data
controller or the data subject, as the case may be, in that they may file a petition pursuant to Section
152. Challenging shall not suspend enforcement of the decision.
2. Courts shall follow the procedure set out in Section 152.
CHAPTER II – JUDICIAL REMEDIES
Section 152
(Judicial Authorities)
1. Competence over any disputes concerning application of the provisions of this Code, including
those related either to provisions issued by the Garante with regard to personal data protection or to
the failure to adopt such provisions, shall lie with judicial authorities.
2. As regards any dispute referred to in paragraph 1, the relevant proceeding shall be instituted by
filing a petition with the clerk’s office of the court having jurisdiction on the data controller’s place
of residence.
3. The judicial authority shall decide on the case as a single-judge court.
4. Any petition against a provision by the Garante, also in pursuance of Section 143, shall have to
be filed within thirty days of the date on which said provision is communicated or tacitly dismissed.
If the petition is filed thereafter, the court shall declare that it is inadmissible by an order that may
be challenged before the Court of Cassation. 98
5. Filing of a petition shall not suspend enforcement of the provision by the Garante. The court may
provide wholly or partly otherwise on serious grounds, after hearing the parties, by issuing an order
that may be challenged together with the decision finalising the relevant proceeding.
6. If there is an imminent danger of serious, irretrievable harm, the court may take the necessary
measures by a reasoned decree, also summoning the  parties to appear in court by no later than
fifteen days. During the relevant hearing the court shall uphold, amend or discharge the measures
taken by means of said decree.
7. The court shall summon the parties to appear by a decree in which the petitioner shall be notified
of the mandatory term within which he/she shall have to serve said decree on the other parties as
well as on the Garante. There shall be an interval of no less than thirty days between the day of
service and the day in court.
8. Should the petitioner fail to appear on the first day in court without alleging any lawful grounds,
the court shall order that the case be struck off the cause list and declare that the relevant proceeding
is expired, also awarding costs to the petitioner.
9. When dealing with the case, the court shall decide on the items of evidence that it deems to be
necessary, also of its own motion and without any formalities that are unnecessary for dealing with
the case in court, and may order that witnesses be summoned also without laying down the relevant
chapters.
10. Upon completion of the preparatory phase, the court shall invite the parties to sum up their cases
and proceed with the oral argument. The court shall issue a judgment immediately thereafter by
reading the relevant instrument. The reasons for the judgment shall be deposited with the court’s
clerk’s office in the next thirty days. The court may also draw up and read the reasons jointly with
the formal judgment, both being deposited with the court’s clerk’s office immediately thereafter.
11. If necessary, the court may grant no more than ten days for the parties to submit pleadings and
adjourn to the first useful day following expiry of the above term with a view to the oral argument
and issuing of the judgment.
12. With its judgment, the court shall grant or dismiss the petition, in whole or in part, order the
necessary measures, provide for damages, if claimed, and award legal costs to the losing party, also
by derogating from the prohibition referred to  in Section 4 of Act no. 2248 of 20 March 1865,
Annex E), whenever this is necessary in connection with, inter alia, acts performed by a public body
in its capacity as data controller or processor.
13. The judgment may not be appealed against, however it may be challenged before the Court of
Cassation.
14. This Section shall also apply to the cases referred to in Section 10(5) of Act no. 121 of 1 April
1981 as subsequently amended.
TITLE II – THE SUPERVISORY AUTHORITY 99
CHAPTER I – THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
Section 153
(The Garante)
1. The Garante shall act fully autonomously and independently in its decisions and assessments.
2. The Garante shall be a collegiate body composed of four members, of whom two shall be elected
by the Chamber of Deputies and two by the Senate through a specific voting procedure. The
members shall be persons ensuring independence and with proven experience in the field of law or
computer science; experts from both sectors shall have to be included.
3. The members shall elect their President, who shall have the casting vote in the case where votes
are equal. They shall also elect a Vice-President, who shall discharge the functions of the President
if the latter is absent or hindered.
4.
21
 President and members shall  hold office for seven years; their appointment shall not be
renewable. For the entire term of their office, President and members shall not be allowed - under
penalty of losing office - to carry out professional or advisory activities, manage or be employed by
public or private entities or hold elective offices.
5. Once President and members have accepted their  appointment, they shall be assigned to the
temporary staff if they are employees in the public administration or judges/prosecutors not yet
retired; if they are faculty professors at an University, they shall be put on leave of absence with no
allowances pursuant to Section 13 of Presidential decree no. 382 of 11.07.1980 as subsequently
amended. Staff who have been assigned to the temporary staff or put on leave of absence may not
be replaced.
6. The President shall be entitled to an allowance not exceeding the one paid to the judge presiding
over the Court of Cassation (Corte di Cassazione). Members shall be entitled to an allowance not
exceeding two-thirds of that paid to the President. The aforementioned allowances shall be
determined pursuant to Section 6 of Presidential Decree no. 501 of 31 March 1998 in such a way as
to be included in the ordinary budget.
7. The Office referred to in Section 156 shall be under the authority of the Garante.
Section 154
(Tasks)
1. Notwithstanding specific provisions, the tasks to be discharged by the Garante, also with the help
of the Office and in compliance with this Code, shall consist in:
                                             
21
 This paragraph was amended by section 47-quater of Act no. 31/2008, which brought about amendments to the term
of office of the commissioners appointed to certain independent authorities (seven years) including the members
making up the Italian data protection authority. The previous term of office was four years and was renewable once. 100
 a) verifying whether data processing operations are carried out in compliance with laws and
regulations in force as well as  with the relevant notification, also in case of termination of
processing operations and with regard to the retention of traffic data
22
;
 b) receiving reports and complaints, and taking steps as appropriate with regard to the
complaints lodged by other data subjects or the associations representing them;
 c) ordering data controllers  or processors, also ex officio,  to adopt such measures as are
necessary or appropriate for the processing to comply with the provisions in force as per Section
143;
 d) prohibiting, also ex officio, unlawful or unfair data processing operations, in whole or in
part, or blocking such processing operations pursuant to Section 143, and taking other measures as
provided for by the legislation applying to processing of personal data;
 e) encouraging the adoption of codes pursuant to Section 12 and Section 139;
 f) drawing the attention of Parliament and Government to the advisability of legislation as
required by the need to protect the rights referred to in Section 2, also in the light of sectoral
developments;
 g) giving opinions whenever required;
 h) raising public awareness of the legislation applying to personal data processing and the
relevant purposes as well as of the data security measures;
 i) preferring information on facts and/or  circumstances amounting to offences to be
prosecuted ex officio, which it has come to know either in discharging or on account of its duties;
 l) keeping the register of processing operations as drawn up on the basis of the notifications
referred to in Section 37;
 m) drawing up an annual report on the activity performed and implementation of this Code,
which shall be submitted to Parliament and the Government by 30 April  of the year following that
to which the report refers.
2. Pursuant to paragraph 1, the Garante shall also discharge supervisory or assistance tasks
concerning personal data processing as provided for by acts ratifying international agreements and
conventions or else by Community regulations, with particular regard to
 a) Act no. 388 of 30 September 1993, as subsequently amended, ratifying and implementing
the accession protocols and agreements for the Schengen Agreement and the relevant Implementing
Convention,
 b) Act no. 93 of 23 March 1998, as subsequently amended, ratifying and implementing the
Convention setting up the European Police Office (Europol),
 c) EC Regulation no. 515/97 of the Council, of 13 March 1997, and Act no. 291 of 30 July
1998, as subsequently amended, ratifying and  implementing the Convention on the Use of
Information Technology for Customs Purposes,
 d) EC Regulation no. 2725/2000 of the Council, of 11 December 2000, setting up “Eurodac”
to allow comparing fingerprints and ensure effective implementation of the Dublin Convention,
 e) Chapter IV of Convention no. 108 on the protection of individuals with regard to the
automated processing of personal data, as  adopted in Strasbourg on 28 January 1981 and
implemented by Act no. 98 of 21 February 1989, being the authority designated for the purpose of
inter-State co-operation pursuant to Article 13 of said Convention.
                                             
22
 As amended by section 4(1) of legislative decree no. 109/2008 (implementing directive 2006/24/EC). 101
3. The Garante shall co-operate with other independent administrative authorities in the
performance of the relevant duties; to that end, the Garante may also invite representatives from
another authority to take part in  its meetings, or else be invited to take part in the meetings of
another authority, and contribute to the analysis of issues of common interest. The Garante may also
request the co-operation of specialized staff from another authority.
4. The Prime Minister and each Minister shall consult the Garante when drawing up regulations and
administrative measures that are liable to produce effects on the matters regulated by this Code.
5. Subject to such shorter terms as may be provided for by law, the Garante’s opinion shall be
rendered in the cases at stake within forty-five days of receiving the relevant request. Upon expiry
of said term, the requesting administrative agency may proceed irrespective of the acquisition of the
Garante’s opinion. If the term set out in this  paragraph may not be complied with because of
constraints related to preparation of the case, running of time may be suspended once only and the
opinion shall have to be rendered in its final form within twenty days of receiving the information
requested to the administrative agencies concerned.
6. A copy of any measure taken by  judicial authorities in connection with either this Act or
computer crime matters shall be transmitted to the Garante by the court clerk’s office.
CHAPTER II - THE GARANTE'S OFFICE
Section 155
(Applicable Principles)
1. In order to ensure accountability and autonomy pursuant to Act no. 241 of 07.08.90, as
subsequently amended, and legislative decree  no. 29 of 03.02.93, as subsequently amended, the
Office of the Garante shall implement the principles concerning appointment and tasks of officials
in charge of the individual cases, separation between guidance and supervisory tasks as conferred
on the highest authorities and managerial tasks as committed to executive staff. The provisions of
legislative decree no. 165/2001 shall also apply insofar as they  are expressly referred to in this
Code.
Section 156
(Permanent and Other Staff)
1. The Office of the Garante shall be under the authority of a secretary general who may also be a
member of the ordinary or administrative judicature.
2. The permanent staff shall include one hundred employees. 102
3. The Garante shall set out, by its own regulations to be published in the Official Journal,
a)  organisation and operation of the Office also with a view to discharging the tasks referred
to in Section 154;
b) career patterns and recruitment in pursuance of the procedure laid down in Section 35 of
legislative decree no. 165/2001;
c) allocation of staff to the different sectors and positions;
d) staff regulations and salaries by having regard to Act no. 249 of 31.07.97 as subsequently
amended and, in respect of executive staff, Section 19(6) and 23-bis of legislative decree no. 165 of
30 March 2001, also taking account of specific functional and organisational requirements. Pending
the general harmonisation of the salary conditions  applying to independent administrative
authorities, the staff of the Garante shall be granted eighty per cent of the salary paid to the staff
employed by the Authority for Communications Safeguards;
e) administration and accounting mechanisms, also by derogating from the provisions
applying to State accounts, the arrangements for using residuals including the amounts already
entered as special accounting items, and the cases in which office charges or other types of
consideration that are due on account of services delivered under the law shall be levied and used in
accordance with Section 6(2) of Act no. 249 of 31 July 1997.
4. Staff from the State's civil service, other public administrative bodies or public entities in general
may be employed by the Office for specific reasons. Said staff shall number twenty persons in all
and include no more than twenty  percent of executive staff; they shall be either assigned to
temporary staff in accordance with the respective regulations or put  on leave of absence pursuant to
Section 13 of Presidential Decree no. 382 of 11.07.80 as subsequently amended. The corresponding
number of posts shall be left available in the relevant permanent lists. The staff referred to herein
shall be granted an allowance amounting to the difference, if any, between the salary paid by the
administrative body or entity of origin and that granted to the permanent staff as based on a specific
correspondence table that shall be adopted by the Garante. In no case shall said allowance be lower
than fifty per cent of the salary already paid to the staff in question after deduction of special
supplementary allowances.
5. In addition to the list of permanent staff, the Office may directly recruit no more than twenty
employees on the basis of time-limited contracts, including the consultants hired on a temporary
basis as per paragraph 7.
6. Section 30 of legislative decree no. 165/2001 shall apply.
7. Where necessary because of the technical or sensitive nature of the matters, the Garante may be
assisted by consultants, who shall be paid in accordance with current professional fees or else
employed via time-limited contracts for a period not in excess of two years, such contracts being
renewable twice.
8. Staff and consultants working for the Office of the Garante shall be subject to secrecy rules as
regards the information they may come to know in discharging their duties, where such information
is to remain confidential.
9. The staff from the Office of the Garante in charge of the inquiries referred to in Section 158,
numbering no more than five persons, shall be  regarded as judicial police staff within the
framework of the tasks committed and in accordance with the authority respectively vested in them.  103
10. The operating costs concerning the Garante shall be covered by a reserve set up for this purpose
in the State budget and included as a specific item in the budget of the Ministry of Economy and
Finance. The accounting reports shall be audited by the State Auditors’ Department (Corte dei
Conti).
CHAPTER III - INQUIRIES AND CONTROLS
Section 157
(Request for Information and Production of Documents)
1. In discharging its tasks, the Garante may request the data controller, the data processor, the data
subject or a third party to provide information and produce documents.
Section 158
(Inquiries)
1. The Garante may order that data banks and filing systems be accessed and audits on the spot be
performed as regards premises where the processing takes place or investigations are anyhow to be
carried out with a view to checking compliance with personal data protection regulations.
2. The inquiries referred to in paragraph 1 shall be carried out by staff from the Office. The Garante
may also avail itself, if necessary, of the co-operation of other State agencies.
3. The inquiries referred to in paragraph 1, if carried out at a person's home or in another private
dwelling place and/or the relevant appurtenances, shall be carried out with the data controller's or
data processor's informed consent. Alternatively, an authorisation from the judge presiding over the
geographically competent court - by having regard to the place where the inquiries are to be carried
out - shall be required, whereby the judge shall issue a reasoned decree without delay and anyhow
by no later than three days after receiving the relevant request from the Garante if it can be proven
that the inquiries cannot be postponed.
Section 159
(Arrangements)
1. The staff in charge of the inquiries shall be provided with an ID document and may be assisted, if
necessary, by consultants bound by secrecy rules pursuant to Section 156(8). In carrying out
measurements and technical operations, said staff may also make copies of papers, data and
documents, also by samples and on computer media or else via electronic networks. Summary
minutes of the inquiries shall be drawn up, also taking note of any declarations made by the persons
attending them. 104
2. The entities concerned by the inquiries shall be given a copy of the authorisation issued by the
judge presiding over the competent court, if any. They shall be required to allow the inquiries to be
carried out and cooperate as necessary to that end. In case of denial, the inquiries shall be performed
in any case and the expenses incurred shall be charged to the data controller by means of the
provision finalising the relevant proceeding – which shall be regarded, as for this portion, to be an
enforcement order pursuant to Sections 474 and 475 of the Civil Procedure Code.
3. If the inquiries are carried out  at the data controller’s or processor’s premises, they shall be
performed by informing either the data processor  or, if the latter is absent or has not been
designated, the persons in charge of the processing. Any person that has been designated by the data
controller or processor to this effect may attend the inquiries.
4. No inquiries may be started either before 7 or after 20, except where provided otherwise in the
authorisation issued by the judge presiding over the competent court; inquiries may also be carried
out upon prior notice if this can facilitate their performance.
5. The information notices, requests and orders referred to in this Section and in Sections 157 and
158 may also be transmitted by e-mail or facsimile.
6. If the findings are such as to point to commission of an offence, Section 220 of the implementing,
coordination and transitional provisions of the Criminal Procedure Code, as adopted by legislative
decree no. 271 of 28.07.1989, shall apply.
Section 160
(Specific Inquiries)
1. As regards the data processing operations referred to in Titles I, II and III of Part II, the relevant
inquiries shall be carried out by the agency of a member designated by the Garante.
2. Should the processing fail to comply with laws or regulations, the Garante shall draw the data
controller’s or processor’s attention to the changes and additions that are required and verify that
they are implemented. Where the request for the inquiries was made by the data subject, the latter
shall be informed of the relevant outcome unless this may be prejudicial to actions or operations
aimed at protecting public order and security or preventing and suppressing offences, or if there
exist grounds related to State defence or security.
3. The inquiries may not be committed to others. Where necessary on account of the specific nature
of the audit, the member designated as above may  be assisted by specialized staff that shall be
bound by secrecy rules as per Section 156(8). All records and documents, once acquired, shall be
kept in such a way as to ensure their confidentiality and may be disclosed to the President and
members of the Garante as well as to a limited number of employees in the Office, to be designated
by the Garante pursuant to criteria laid down in the regulations as per Section 156(3), letter a), if
this is necessary for the discharge of official duties.
4. As for inquiries concerning intelligence and security bodies or  data that are covered by State
secrecy, the designated member shall inspect the relevant records and documents and report on
them orally during the meetings of the Garante. 105
5. In carrying out inquiries as per this Section with regard to judicial offices, the Garante shall take
suitable arrangements in line with the respective powers and the specific institutional role of the
authority in charge of the relevant proceeding. Inquiries concerning investigational records that are
subjected to secrecy shall be postponed until secrecy is lifted, if so requested by the authority in
charge of the proceeding.
6. Validity, enforceability and applicability of records, documents and measures related to judicial
proceedings that are based on personal data processed by failing to comply with laws or regulations
shall further be regulated by the relevant procedural provisions concerning civil and criminal
matters.
TITLE III - SANCTIONS
CHAPTER I - BREACH OF ADMINISTRATIVE RULES
Section 161
23
(Providing No or Inadequate Information to Data Subjects)
1. Breach of the provisions referred to in Section 13 shall be punished by a fine consisting in
payment of between six thousand and thirty-six thousand Euro.  The amount may be increased by
up to three times as much if it is found to be ineffective on account of the offender’s economic
status.
Section 162
(Other Types of Non-Compliance)
1.
24
 Assigning data in breach of Section 16, paragraph 1, letter b), and/or other provisions
concerning the processing of personal data shall  be punished by a fine consisting in payment of
between ten thousand and sixty thousand Euro.
2.
25
 Breach of the provision referred to in Section 84(1) shall be punished by a fine consisting in
payment of between one thousand and six thousand Euro.
                                             
23
 As amended by section 44(2) of decree no. 207/2008 dated 30 December 2008, converted with amendments into Act
no. 14 dated 27 February 2009.
24
 As amended by section 44(3)a. of decree no. 207/2008 dated 30 December 2008, converted with amendments into
Act no. 14 dated 27 February 2009.
25
 As amended by section 44(3)b. of decree no. 207/2008 dated 30 December 2008, converted with amendments into
Act no. 14 dated 27 February 2009 106
2-bis.
26
 If personal data are processed in breach of the measures set forth in section 33 and/or the
provisions laid down in section 167, an administrative sanction shall be applied  in all cases as
consisting in payment of a fine ranging from ten thousand
27
 to one hundred and twenty thousand
Euro. Reduction of the applicable fine shall be ruled out in the cases referred to in section 33.
2-ter. In case of failure to abide by the provisions either setting out necessary measures or laying
down prohibitions as per section 154(1), letters c. and d., respectively, an administrative sanction
shall be applied in all cases as consisting in payment of a fine ranging from thirty thousand to one
hundred and eighty thousand Euro.
2-quater. Any violation of the right to object in pursuance of the mechanisms set forth in Section
130(3-bis) and the respective regulations shall  be punished in accordance with paragraph 2-bis
hereof.
28
Section 162-bis
29

(Punishments Applying to Traffic Data Retention)
1. Any violation of the provisions set forth in section 132(1) and (1-bis) shall be punished by an
administrative fine ranging from Euro 10,000 to 50,000, unless the facts at issue are established as a
criminal offence and without prejudice to section 5(2) of the legislative decree transposing directive
2006/24/EC of the European Parliament and of the Council of 15 March 2006.
30
Section 163
31
(Failure to Submit Notification or Submitting Incomplete Notification)
                                             
26
 This paragraph was added by section 44(3)c. of decree no. 207/2008 dated 31 December 2008, converted with
amendments into Act no. 14 dated 27 February 2009
27
 As amended by Section 20-bis, paragraph 1, letter c., point 1, of Act no. 166 dated 20 November 2009, which also
added paragraph 2-ter hereof.
28
 This paragraph was added by Section 20-bis, paragraph 1, letter c., point 2, of Act no. 166 dated 20 November 2009.
29
 This section was added by section 5(1) of Presidential decree no. 109/2008 (implementing directive 2006/24/EC). For
the sake of completeness, the text of paragraph 2 of section 5 of the latter decree is reported hereinafter as referred to in
Section 162-bis hereof: “Unless the fact is established as a criminal offence, failure to retain the data as per section
132(1) and (1-bis) of the Code, or retaining incomplete data, shall be punished by an administrative fine ranging from
Euro 10,000 to 50,000, which may increased up to three times as much on account of the offender’s economic
conditions. If the allocated IP address does not allow a subscriber or user to be identified uniquely, an administrative
fine ranging from Euro 5,000 to 50,000 shall be imposed and may be increased up to three times as much on account of
the offender’s economic conditions. The violations are established and the relevant sanctions imposed by the Ministry
of Economic Development.”
30
 As amended subsequently by Section 44(4) of decree no. 207/2008 dated 30 December 2008, converted with
amendments into Act no. 14 dated 27 February 2009.
31
 As amended by Section 44(5) of decree no. 207/2008 dated 30 December 2008, converted with amendments into Act
no. 14 dated 27 February 2009.  107
1. Whoever fails to timely submit the notification required under Sections 37 and 38 or provides
incomplete information in a notification, in breach of his/her duties, shall be punished by a fine
consisting in payment of between twenty thousand and one hundred and twenty thousand Euro.
Section 164
32
(Failure to Provide Information or Produce Documents to the Garante)
1. Whoever fails to provide the information or produce the documents requested by the Garante
pursuant to Sections 150(2) and 157 shall be punished by a fine consisting in payment of between
ten thousand and sixty thousand Euro.
Section 164-bis
33
(Less Serious Cases and Aggravating Circumstances)
1. Where any of the violations referred to in sections 161 to 164 is less serious by having also
regard to the social and/or business features of the activities at issue, the upper and lower thresholds
set forth in the said sections shall be reduced to two-fifths thereof.
2. Where one or more provisions set forth in this Chapter –  except for those referred to in Sections
162(2), 162-bis and 164 – are violated repeatedly, also on different occasions, in connection with
especially important and/or large databases,  an administrative sanction shall be applied as
consisting in payment of a fine ranging from  fifty thousand and three hundred thousand Euro.
Reduction of the applicable fine shall not be allowed.
3. In other, more serious cases, in particular if the prejudicial effects produced on one or more data
subjects are more substantial or if the violation concerns several data subjects, the upper and lower
thresholds of the applicable fines as per this Chapter shall be doubled.
4. The fines referred to in this Chapter may be increased by up to four times if they may prove
ineffective on account of the offender’s economic status.
Section 165
34
(Publication of Provisions by the Garante)
1. In the cases referred to in this Chapter, the additional administrative sanction may be applied as
consisting in publication of the injunctive order, in whole or in part, in one or more newspapers as
                                             
32
 As amended by Section 44(6) of decree no. 207/2008 dated 30 December 2008, converted with amendments into Act
no. 14 dated 27 February 2009.
33
 This section was added by Section 44(7) of decree no. 207/2008 dated 30 December 2008, converted with
amendments into Act no. 47 dated 27 February 2009.
34
 As amended by Section 44(8) of decree no. 207/2008 dated 30 December 2008, converted with amendments into Act
no. 14 dated 27 February 2009.  108
specified in the relevant provision. The offender shall be responsible for the said publication and
bear the relevant costs.
Section 166
(Implementing Procedure)
1. The Garante shall be competent for receiving the report and imposing the sanctions referred to in
this Chapter and in Section 179(3). Act no. 689 of  24 November 1981, as subsequently amended,
shall apply as appropriate. Fifty percent of the annual proceeds shall be paid into the reserve fund
referred to in Section 156(10) and shall only be used for discharging the tasks referred to in
Sections 154(1), letter h), and 158.
CHAPTER II - CRIMINAL OFFENCES
Section 167
(Unlawful Data Processing)
1. Any person who, with a view to  gain for himself or another or  with intent to cause harm to
another, processes personal data in breach of Sections 18, 19, 23, 123, 126 and 130 or else of the
provision made further to Section 129 shall be punished, if harm is caused, by imprisonment for
between six and eighteen months or, if the offence consists in data communication or dissemination,
by imprisonment for between six and twenty-four months, unless the offence is more serious.
2. Any person who, with a view to  gain for himself or another or  with intent to cause harm to
another, processes personal data in breach of Sections 17, 20, 21, 22(8) and (11), 25, 26, 27, and 45
shall be punished by imprisonment for between one and three years if harm is caused, unless the
offence is more serious.
Section 168
(Untrue Declarations and Notifications Submitted to the Garante)
1. Whoever declares or attests to untrue information or circumstances, or else submits forged
records or documents, in connection either with the notification referred to in Section 37 or with
communications, records, documents or statements that are submitted or made, as the case may be,
in a proceeding before the Garante and/or in the course of  inquiries, shall be punished by
imprisonment for between six months and three years, unless the offence is more serious. 109
Section 169
(Security Measures)
1.
35
 Whoever fails to adopt the minimum measures  referred to in Section 33 in breach of the
relevant obligations shall be punished by detention for up to two years.
2.
36
 A time limit shall be set either upon detecting the abovementioned offence or, in complex
cases, by way of a subsequent provision issued by the Garante, for the offender to comply with the
requirements referred to above. Said time limit shall not exceed the time span that is technically
required; however, it may be extended in especially complex cases or else because of objective
difficulties in complying, but it shall not be longer than six months. Within sixty days of the expiry
of the above deadline, the offender shall be permitted by the Garante to pay one-fourth of the
highest fine that can be imposed in connection with the administrative violation, on condition that
the relevant requirements have been complied with. Compliance and performance of the
abovementioned payment shall extinguish the  offence. The body setting the time limit and the
public prosecutor shall abide by the provisions made in Sections 21, 22, 23 and 24 of legislative
decree no. 758 of 19.12.1994, as subsequently amended, insofar as they are applicable.
Section 170
(Failure to Comply with Provisions Issued by the Garante)
1. Whoever fails to comply with a provision issued by the Garante pursuant to Sections 26(2), 90,
150(1) and (2) and 143(1), letter c), in breach of the relevant obligations, shall be punished by
imprisonment for between three months and two years.
Section 171
(Other Offences)
1. Breach of the provisions referred to in Sections 113(1) and 114 shall be punished as provided for
by Section 38 of Act no. 300 of 20 May 1970.
Section 172
(Additional Punishments)
1. Being convicted of any of the offences referred to in this Code shall entail publication of the
relevant judgment.
                                             
35
 This paragraph was amended by Section 44(9), letter a., of decree no. 207/2008 dated 30 December 2008, converted
with amendments into Act no. 14 dated 27 February 2009.
36
 This paragraph was amended by Section 44(9), letter b., of decree no. 207/2008 dated 30 December 2008, converted
with amendments into Act no. 14 dated 27 February 2009 110
TITLE IV - AMENDMENTS, REPEALS, TRANSITIONAL AND
FINAL PROVISIONS
CHAPTER I - AMENDMENTS
Section 173
(Convention Implementing the Schengen Agreement)
1. Act no. 388 of 30 September 1993, as subsequently amended, ratifying and implementing the
protocols and agreements for accession to the Schengen Agreement and the relevant Implementing
Convention shall be amended as follows:
a) for paragraph 2 of Section 9 there shall be substituted the following:
"2. Any requests for access, rectification or erasure as well as for verification purposes referred to
in Articles 109, 110 and 114(2) of  the Convention, respectively, shall be made to the authority
referred to in Section 1";
b) paragraph 2 of Section 10 shall be repealed;
c) for Section 11 there shall be substituted the following:
"11. 1. The supervisory authority referred to in Article 114 of the Convention shall be the Garante
per la protezione dei dati personali. In discharging the tasks that have been committed to it under
the law, the Garante shall carry out supervisory activities over data processing operations in
pursuance of the Convention and shall carry out the controls referred to in said Article 114 also
following a report and/or complaint lodged by  a data subject that has received no adequate
response to a request made in pursuance of Section 9(2), whenever no response can be provided to
said data subject on the basis of  the information made available by the authority referred to in
Section 9(1). 2. Section 10(5) of Act no. 121 of 1 April 1981, as subsequently amended, shall
apply.";
d) Section 12 shall be repealed.
Section 174
(Service of Process and Judicial Sales)
1. In Section 137 of the Civil Procedure Code, after paragraph 2 there shall be inserted the
following: 111
" If service on the recipient in person cannot be performed, the bailiff shall deliver or deposit a
copy of the document to be served in a sealed envelope - except in the case referred to in Section
143(2) -, on which the relevant protocol number shall be written, and report this circumstance in
the minutes appended both to the original document and to its copy. No marks or indications shall
be placed on said envelope such as to allow inferring the contents of the relevant document.
The provisions referred to in paragraph 3 shall also apply to the communications performed via
notes written by the court's clerk's office in pursuance of Sections 133 and 136."
2. In paragraph 1 of Section 138 of the Civil Procedure Code, for the words from "may always
serve" up to "recipient" there shall be substituted the following : "shall perform service, as a rule,
by delivering a copy to the recipient in person, at the relevant dwelling place; alternatively, if this is
not possible,".
3. In paragraph 4 of Section 139 of the Civil Procedure Code, for the word "the original" there shall
be substituted the following: "a receipt".
4. In Section 140 of the Civil Procedure Code, after the words "shall post a notice of deposit" there
shall be inserted the following: "in a closed, sealed envelope".
5. Section 142 of the Civil Procedure Code shall be amended as follows:
a) paragraph 1 and 2 shall be replaced by the following: "Subject to paragraph 2, if the recipient
has no domicile, residence or place of abode in the State, has  no domicile of  choice or has
appointed no attorney pursuant to Section 77, service shall be performed by mailing the document
to the recipient with a registered letter and delivering a copy thereof to the public prosecutor, who
shall be responsible for forwarding it to the Ministry for Foreign Affairs in order to have it
delivered to the relevant addressee.";
b) in the last paragraph, for the words "in the preceding paragraphs" there shall be substituted the
following: "in paragraph 1".
6. In Section 143(1) of the Civil Procedure Code, the words from "and by means" up to the end of
the sentence shall be deleted.
7. In Section 151(1) of the Civil Procedure Code, after the words "increased expeditiousness" there
shall be added the following: ", confidentiality or protection of dignity".
8. In Section 250 of the Civil Procedure Code, after paragraph 1 there shall be added the following:
"The injunction referred to in paragraph 1 shall be delivered in a closed, sealed envelope if it is not
delivered either to the recipient in person or by post".
9. In Section 490(3) of the Civil Procedure Code there shall be added the following sentence at the
end: "No reference to the debtor shall be made in the notice".
10. In Section 570(1) of the Civil Procedure Code, the words "of the debtor" shall be deleted and
the words from "information" up to the end shall be replaced as follows:  "information also
concerning the debtor's name may be provided by the court's clerk's office to any entity interested
therein". 112
11. In Section 14(4) of Act no. 689 of 24 November 1981, as subsequently amended, there shall be
added the following sentence at the end: "If service cannot be performed on the recipient in person,
the arrangements set out in Section 137(3) of said Code shall be abided by".
12. After Section 15 in Presidential Decree no. 445 of 28 December 2000, there shall be inserted the
following:
"Section 15-bis. (Service of Records and Documents, Communications and Notices) 1. Section
137(3) of the Civil Procedure Code shall apply  to service of records and documents by public
administrative agencies on entities other than data subjects or  persons designated by said data
subjects as well as to service of communications and notices concerning the relevant contents.
Summonses shall report such information as is strictly necessary for the relevant purpose.".
13. Section 148 of the Criminal Procedure Code shall be amended as follows:
a) paragraph 3 shall be replaced by the following:
"3. Said document shall be served  in full subject to different provisions under the law, a copy
thereof being delivered, as a rule, either to the recipient or, if this is not possible, to the persons
referred to in this Title. If service cannot be  performed on the recipient in person, the bailiff or
judicial police shall deliver a copy of the document to be served - unless service is to be performed
on defence counsel or persons whose premises are the recipient's domicile of choice - after placing
it inside an envelope that shall be sealed; the relevant protocol number shall be placed on the
envelope and this circumstance shall be mentioned in the report appended both to the original and
to the copy of the document in question.";
b) after paragraph 5, the following shall be added:
"5-bis. Communications, notices and any other notes or summonses that are delivered in an open
envelope to persons other than the recipients shall bear such indications as are strictly necessary.".
14. In Section 157(6) of the Criminal Procedure Code, for the words "is written on the outside of
the envelope" there shall be substituted the following: "shall be performed in the way described in
Section 148(3)".
15. In Section 80 of the Implementing Provisions of the Criminal Procedure Code, as adopted by
legislative decree no. 271 of 28 July 1989, for paragraph 1 there shall be substituted the following:
"1. If a copy of the search warrant is delivered to the caretaker and/or any person discharging the
relevant tasks, Section 148(3) of the Code shall apply.".
16. Act no. 890 of 20 November 1982 shall be amended as follows:
a) in Section 2(1) there shall be added the following sentence at the end: "No marks or indications
shall be placed on the envelopes such as to allow inferring the contents of the relevant documents.";
b) in Section 8(2), second sentence, after the words "The post officer shall leave a notice" there
shall be added the following: "in a closed envelope". 113
Section 175
(Police)
1. Processing operations that are  performed with a view to transferring the data and information
acquired in the course of administrative activities pursuant to Section 21(1) of Act no. 128 of 26
March 2001 as well as in view of the connections referred to in paragraph 3 of said Section shall be
communicated to the Garante as per Section 39, paragraphs 2 and 3.
2. Personal data that were processed without electronic means by police bodies, public security
agencies and other entities referred to in Section 53(1) prior to entry into force of this Code may be
processed further upon implementation of this Code if it is established that they are accurate,
complete and updated under the terms of Section 11.
3. For Section 10 of Act no. 121 of 1 April 1981 there shall be substituted the following:
"Section 10 (Controls)
1. Controls on the data processing centre shall be carried out by the Garante per la protezione dei
dati personali pursuant to laws and regulations in force.
2. The data and information stored in the archives of the aforementioned centre may only be used in
judicial or administrative proceedings upon acquisition of the original sources mentioned in
Section 7(1), without prejudice to the provisions of Section 240 of the Criminal Procedure Code. If,
during a judicial or administrative proceeding, the aforementioned data or information is found to
be incorrect or incomplete or to have been processed unlawfully, the authority in charge of said
proceeding shall inform the Garante per la protezione dei dati personali.
 3. Any data subject may request the office referred to under subheading a) of Section 5(1) to
confirm the existence of personal data relating to him/her, communicate such data in an intelligible
form and, where said data are found to have been processed in breach of laws or regulations in
force, have them erased or made anonymous.
 4. Having carried out the necessary investigations, the office shall inform the applicant, by no later
than twenty days after the date of the application, on the decision taken. The office may fail to
respond if this may adversely affect actions or interventions for the protection of public security and
order or for preventing and suppressing criminal offences, and shall inform thereof the Garante per
la protezione dei dati personali.
 5. Where a person becomes acquainted with the existence of personal data relating to him/her that
have been processed, with or without automated means, in breach of laws or provisions in force,
said person may request the court of the data controller’s place of residence to carry out the
necessary inquiries and order rectification, completion, erasure or anonymisation of the data." .
Section 176
(Public Bodies)
1. In section 24(3) of Act no. 241 of 7 August 1990, after the words "by computerised means" there
shall be inserted the following: "except for the cases in which a data subject requests access to the
personal data concerning him or her,". 114
2. In Section 2 of legislative decree no. 165 of 30 March 2001 concerning employment by public
administrative agencies, after paragraph 1 there shall be inserted the following:  "1-bis. The
organisational criteria referred to in this Section shall be implemented by complying with the
provisions on processing of personal data.".
3. For Section 4(1) of legislative decree no. 39  of 12 February 1993, as subsequently amended,
there shall be substituted the following:  "1. The National Centre for Information Science in the
Public Administration shall be hereby set up at the Prime Minister's Office with a view to
implementing the policies made by the Minister for Innovation and Technology. Said Centre shall
be autonomous as to its technical, operational, administrative, accounting and financial regulations
and independent in its judgments.".
4. Section 6 of legislative decree no. 39 of 12 February 1993 as well as the financing mechanisms in
force within the framework of the budget drawn up by the Minister of Economy and Finance shall
further apply to the National Centre for Information Science in the Public Administration.
5. For Section 5(1) of legislative decree no. 39  of 12 February 1993, as subsequently amended,
there shall be substituted the following:  "1. Regulations applying to organisation, operation,
personnel management, careers and expenditures shall be drawn up and submitted to the Prime
Minister for adoption by the National Centre, subject to the constraints referred to in this decree.".
6. As regards laws and regulations in force, for the words "Autorità per l'informatica nella pubblica
amministrazione" there shall be substituted the words "Centro nazionale per l'informatica nella
pubblica amministrazione [National Centre for Information Science in the Public Administration]".
Section 177
(Census Registers, Registers of Births, Deaths and Marriages, and Electoral Lists)
1. Local municipalities may only use the lists referred to in Section 34(1) of Presidential Decree no.
223 of 30 May 1989 for the public benefit also with regard to implementing the provisions on
institutional communications.
2. For paragraph 7 in Section 28 of Act no. 184 of 4 May 1983, as subsequently amended, there
shall be substituted the following: "7. Access to said information shall not be allowed if a mother
has objected to being referred to upon the child's birth in pursuance of Section 30(1) of Presidential
Decree no. 396 of 3 November 2000.".
3. Excerpts from the records included in the register of births, deaths and marriages as per Section
107 of Presidential Decree no. 396 of 3 November 2000 may only be provided to the entities that
are the subject of such  records, or else  on the basis of a grounded request giving proof of the
requesting party's personal, concrete interest with a view to defending a legal claim, or once seventy
years have elapsed since the relevant record has been drawn up.
4. In Section 5(1) of Presidential Decree no. 223 of 20  March 1967, letters d) and e) shall be
deleted.
5. In Section 51 of Presidential Decree no. 223 of 20 March 1967, for paragraph 5 there shall be
substituted the following:  "A copy of the electoral list may be supplied for the purpose of 115
implementing the provisions  concerning electors and candidates, carrying out studies and
statistical, scientific or historical researches, or researches in the social work sector, or else for
purposes in the public interest.".
Section 178
(Provisions Concerning the Health Care Sector)
1. In Section 27(3) and (4) of Act no. 833 of 23 December 1978, concerning the personal health
card, after the words "the National Health Council" there shall be inserted the following words
before the comma: "and the Garante per la protezione dei dati personali".
2. Section 5 of Act no. 135 of 5 June 1990, concerning AIDS and HIV-related infections, shall be
amended as follows:
a) for paragraph 1 there shall be substituted the following: "1. Health care professionals and any
other entities that are acquainted either with an AIDS case or with a case of HIV-related infection,
also in the absence of the manifestations of disease, shall be required to provide the necessary
assistance and take all the measures and precautions required to protect the data subject's rights
and fundamental freedoms and dignity.";
b) in paragraph 2, for the words "decree by the Minister of Health" there shall be substituted the
following: "decree by the Minister of Health, after consulting with the Garante per la protezione
dei dati personali".
3. In Section 5(3) of legislative decree no. 539 of 30 December 1992, as subsequently amended,
concerning medical drugs for human patients, there shall be inserted the following sentence at the
end: "At the expiry of said period, the pharmacist/chemist shall destroy the prescriptions in such a
way as to prevent third parties from accessing the data they contain.".
4. In Section 2(1) of the decree by the Minister of Health of 11 February 1997, as published in the
Official Journal no. 72 of 27 March 1997, concerning imports of drugs registered abroad, letters f)
and h) shall be deleted.
5. In Section 5-bis(1), first sentence, of decree-law no. 23 of 17 February 1998 as converted, with
amendments, into Act no. 94 of 8 April 1998, for the words from "also concerns" to the end of the
sentence there shall be substituted the following: "shall be acquired jointly with the consent for the
processing of personal data".
Section 179
(Other Amendments)
1. In Section 6 of Act no. 339 of 2 April 1958, the words "keeping as confidential as necessary all
the matters related to family life" and "ensuring respect for the employee's personality and moral
freedom;" shall be deleted. 116
2. In Section 38(1) of Act no. 300 of 20 May 1970, the words "4," and ", 8" shall be deleted.
3. In Section 12(3) of legislative decree no. 185 of 22 May 1999, concerning distance contracts,
there shall be added the following words at the end: "or, with regard to the infringement referred to
in Section 10, to the Garante per la protezione dei dati personali".
[4.
37
 Repealed.]
CHAPTER II - TRANSITIONAL PROVISIONS
Section 180
(Security Measures)
1.
38
 The minimum security measures referred to in sections 33 to 35 and in Annex B) that were not
laid down in Presidential Decree no. 318 of 28 July 1999 shall be taken by 31 March 2006.
2. Where a data controller is equipped with electronic means that, on the date of entry into force of
this Code, do not allow the minimum measures as per Section 34 and the corresponding technical
specifications referred to in Annex B to be  immediately implemented in whole or in part, on
account of objective technical reasons, said data controller shall report the relevant reasons in a
document bearing a certified date that shall be kept at his/her own premises.
3. In the case referred to in paragraph 2, the data controller shall take all possible security measures
as related to the electronic means in his/her possession, so as to prevent an increase in the risks
referred to in Section 31 also by means of suitable organisational, logistics or procedural measures.
Said electronic means shall have to be brought into line with the provisions referred to herein by 30
June 2006.
Section 181
(Other Transitional Provisions)
1. As for processing operations concerning personal data that had started prior to 1 January 2004, by
having regard to the initial implementing phase of this Code,
a)
39
 the specification of the categories of data and operation pursuant to Sections 20(2) and (3) and
21(2) through ad-hoc regulations shall be provided, if not yet available, by 28 February 2007;
                                             
37
 This paragraph was repealed pursuant to Section 184 of legislative decree no. 42 dated 22 January 2004; the latter
provision entered into force as of 1 May 2004 pursuant to section 183 thereof.
38
 This paragraph along with paragraph 3 hereof were amended by Section 3(1), letter a), of Decree-Law no. 158 of 24
th
June 2004, converted into Act no. 188 of 27
th
 July 2004, by Section 6 of Decree-Law no. 266 of 9
th
 November 2004,
converted into Act no. 306 of 27
th
 December 2004, by Section 6-bis of Act no. 26 of 1
st
 March 2005 converting, with
amendments, decree-law no. 314 of 30
th
 December 2004, and by Section 1 of Act no. 51 of 23
rd
 February 2006
converting, with amendments, decree-law no. 273 of 30
th
 December 2005. 117
b) the decision to be made known to data subjects pursuant to Section 26(3), letter a), and 26(4),
letter a), shall be adopted, if not yet available, by 30 June 2004;
c) the notification referred to in Section 37 shall be submitted by 30 April 2004;
d) the communications referred to in Section 39 shall be provided by 30 June 2004;
[e) Repealed.]
40
f) use of the forms referred to in Section 87(2) shall be compulsory as of 1 January 2005.
2. Section 21-bis of Presidential Decree no. 1409 of 30 September 1963, as added by Section 9 of
legislative decree no. 281 of 30 July 1999, shall further apply until this Code comes into force.
3. The specification of data processing operations and data controllers as per Sections 46 and 53, to
be included into Annex C), shall be provided by 30 June 2004 in the context of the initial
implementation of this Code.
4. The information material supplied to the Garante in pursuance of Section 43(1) of Act no. 675 of
31 December 1996, which shall be used for the appropriate controls, shall continue being
subsequently filed or destroyed based on the provisions in force.
5. The data subject's name and other identification data shall be omitted as per Section 52(4) from
judgments and decisions rendered and/or made prior to entry into force of this Code at the data
subject's specific instance and with regard to documents that are published by means of electronic
communications networks and/or the new products on paper or electronic media. The information
systems that are used pursuant to Section 53(1) shall be brought into line with the aforementioned
provision within 12 months of the coming into force of this Code.
6. Religious confessions that, prior to adoption  of this Code, had laid down and adopted the
safeguards referred to in Section 26(3), letter a), within the framework of their respective
regulations, may continue processing data in compliance with said safeguards.
6-bis.
41
 Pending enforcement of the measures and precautions required under Section 132(5), the
term referred to in Section 4(2) of Legislative Decree no. 171 of 13
th
 May 1998 shall apply to
retention of telephone traffic data.
Section 182
(Office of the Garante)
                                                                                                                                                               
39
 As amended by Section 3(1), letter c), of Decree-Law no. 158 of 24
th
 June 2004, converted into Act no. 188 of 27
th
July 2004, and by Section 1 of Act no. 51 of 23
rd
 February 2006 converting, with amendments, decree-law no. 273 of
30
th
 December 2005, subsequently amended by Section 1 of the decree dated 12 May 2006 converted with amendments
into Act no. 228 dated 12 July 2006, and finally by Section 6(1) of the decree dated 28 December 2006 converted with
amendments into Act no. 17 dated 26 February 2007.
40
 This letter was repealed pursuant to Section 2-quinquies of Decree-Law no. 81 of 29
th
 March 2004, converted into
Act no. 138 of 26
th
 May 2004.
41
 This paragraph was added by Decree-Law no. 354 of 24
th
 December 2003, converted, with amendments, into Act no.
45 of 26
th
 February 2004. 118
1. With a view to ensuring continuity of institutional activities in the initial implementing phase of
this Code, the Garante may, by no later than 31 March 2004,
a) set out the prerequisites for including into its permanent list of staff, at the initial level of the
respective careers, staff permanently employed  by public administrative agencies and/or public
bodies that - on the date of publication of this Code - are employed by the Office of the Garante
after being seconded from their  respective administrations, by having regard to the available
vacancies, and
b) provide that a certain number of posts, not exceeding thirty percent of the vacancies available in
its permanent list of staff, are reserved in public competitions for non-permanent staff that have
been employed by the Office of the Garante for at least one year.
CHAPTER III - REPEALS
Section 183
(Repealed Provisions)
1. As of the date of entry into force of this Code, there shall be repealed
a) Act no. 675 of 31 December 1996,
b) Act no. 325 of 3 November 2000,
c) legislative decree no. 123 of 9 May 1997,
d) legislative decree no. 255 of 28 July 1997,
e) Section 1 of legislative decree no. 135 of 8 May 1998,
f) legislative decree no. 171 of 13 May 1998,
g) legislative decree no. 389 of 6 November 1998,
h) legislative decree no. 51 of 26 February 1999,
i) legislative decree no. 135 of 11 May 1999,
l) legislative decree no. 281 of 30 July 1999, except for Sections 8(1), 11 and 12,
m) legislative decree no. 282 of 30 July 1999,
n) legislative decree no. 467 of 28 December 2001,
o) Presidential Decree no. 318 of 28 July 1999. 119
2.  As of the date of entry into force of this Code, there shall be repealed Sections 12, 13, 14, 15, 16,
17, 18, 19 and 20 of Presidential Decree no. 501 of 31 March 1998.
3. As of the date of entry into force of this Code, there shall also be or continue to be repealed
a) Section 5(9) of decree no. 279 by the Minister of Health of 18 May 2001, concerning rare
diseases
b) Section 12 of Act no. 152 of 30 March 2001,
c) Section 4(3) of Act no. 52 of 6 March 2001, concerning bone marrow donors,
d) Section 16(2) and (3) of Presidential Decree no. 445 of 28 December 2000, concerning
certifications of attendance at birth,
e) Section 2(5) of decree no. 380 by the Minister of Health of 27  October 2000, concerning
information flows on discharged patients,
f) Section 2(5-quater 1), second and third sentence, of decree-law no. 70 of 28 March 2000 as
converted, with amendments, into Act no. 137 of 26 May 2000, as subsequently amended,
concerning the car accidents data bank for the insurance sector,
g) Section 6(4) of legislative decree no. 204 of 5 June 1998, concerning dissemination of data for
purposes of research and co-operation in the scientific and technological sectors,
h) Section 330-bis of legislative decree no. 297 of 16 April 1994, concerning dissemination of data
on pupils and students,
i) Section 8(4) and Section 9(4) of Act no. 121 of 1 April 1981.
4. As of the date on which the provisions laid  down in the Code of conduct and professional
practice referred to in Section 118 become effective, the retention time of personal data that is set
out in pursuance of Section 119, possibly by laws or regulations, shall be the one specified in said
Code.
CHAPTER IV - FINAL PROVISIONS
Section 184
(Transposition of European Directives)
1. This Code shall implement Directive 95/46/EC of the European Parliament and of the Council, of
24 October 1995, and Directive 2002/58/EC of the European Parliament and of the Council, of 12
July 2002.
2. Whenever reference is made to Act no. 675 of 31 December 1996 by laws, regulations and other
provisions, including those repealed by this Code, this shall be meant as a reference to the relevant
provisions of this Code in accordance with the correspondence table annexed hereto. 120
3. Laws and regulations laying down more restrictive limitations or prohibitions on the processing
of certain personal data shall be left unprejudiced.
Section 185
(Annexed Codes of Conducts and Professional Practice)
1. Annex A) shall contain, in addition to the Codes referred to in Section 12(1) and (4), the Codes
whose adoption was encouraged by the Garante pursuant to Sections 25 and 31 of Act no. 675 of 31
December 1996, which had been published in the Official Journal of the Italian Republic prior to
the date of issue of this Code.
Section 186
(Entry into Force)
1. This Code shall enter into force on 1 January 2004, except for Sections 156, 176, paragraphs 3, 4,
5, and 6, and 182, which shall enter into force on the day following publication of this Code. As of
the latter date, the deadlines concerning complaints shall also apply as laid down in Sections 149(8)
and 150(2).
This Code, bearing the State's Seal, shall be inserted into the  Official Collection of Regulatory
Provisions of the Italian Republic. It shall be for any person concerned to abide by it and ensure that
it is abided by.
Done in Rome, this 27th day of June 2003. 121
ANNEXES 122
CODES OF CONDUCT (ANNEX A)
A.1 – PROCESSING OF PERSONAL DATA IN THE EXERCISE OF JOURNALISTIC
ACTIVITIES
GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
Code of Practice Concerning the Processing of Personal Data in the Exercise of Journalistic Activities
in Pursuance of Section 25 of Act no. 675 of 31.12.96
THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
Having regard to Section 25 of Act no. 675 of 31.12.96, as amended by Section 12 of legislative decree no.
171 of 13.05.98, which provides that the processing of  personal data in the exercise of the journalistic
profession is to be carried out on the basis of a specific code of practice setting forth provisions and
arrangements to safeguard data subjects by having regard to the nature of the data, especially as related to
data disclosing health and sex life;
Having regard to para. 4-bis of said Section 25, which provides that the aforementioned code of practice
shall also apply to the activity of freelance and trainee journalists and to any person who transiently
processes personal data with a view to the occasional  publication of papers, essays and other intellectual
works;
Having regard to para. 2 of said Section 25, which provides that the code of practice is adopted by the
National Council of the Press Association in cooperation with the Garante, which encourages such adoption
and is responsible for having the code published in the Official Journal  [Gazzetta Ufficiale];
Having regard to document no. 89/GAR of 26.05.97, in which the Garante called upon the National Council
of the Press Association to adopt the code within six months of the date of transmission of said document;
Having regard to document no. 4640 of 24.11.97, in  which the Garante granted the request for a short
postponement of said six-month term as lodged by  the National Council  of the Press Association on
19.11.97;
Having regard to decision no. 5252 of 18.12.97, in which the Garante pointed to criteria that the National
Council of the Press Association was called upon to consider in balancing freedoms and rights applying to
journalistic activities;
Having regard to document no. 314 of 23.01.98, in which the Garante made additional considerations
concerning the initial draft code as laid down by the National Council of the Press Association, which had
been transmitted to the Garante by document no. 7182 of 30.12.97;
Having regard to document no. 204 of 15.01.98, in which - based on the initial implementation of Act no.
675/1996 and on the draft code - the Garante reported  to the Minister of Justice on the desirability of
amending Section 25 of the Act, which was actually amended by said legislative decree no. 171 of 13.05.98; 123
Having regard to document no. 5876 of 30.06.98, in which the Garante called upon the National Council of
the Press Association to make further amendments to the draft approved of late by the Council at its meeting
of 26
th
 and 27
th
 March 1998, as transmitted to the Garante by document no. 1074 of 08.04.98;
Having established adequacy of the provisions and arrangements laid down to safeguard data subjects in the
final draft of the code of practice, as transmitted to the Garante by the National Council of the Press
Association in document no. 2210 of 15.07.98;
Whereas the code of practice is to be published in the Official Journal under the Garante's responsibility, in
pursuance of Section 25(2) of Act no. 675/1996, and enters into force fifteen days after its publication;
Hereby orders
The code of practice attached hereto to be transmitted to the Ufficio pubblicazione leggi e decreti [Publishing
Department] of the Ministry of Justice in order for it to be published in the Official Journal of the Italian
Republic.
Done in Rome this 29
th
 day of July 1998
PRESS ASSOCIATION
National Council
CODE OF PRACTICE
Concerning the Processing of Personal Data
in the Exercise of Journalistic Activities
Pursuant to Section 25 of Act no. 675 of 31.12.96
(As published on the Official Journal
No. 179 of 03.08.98)
Article 1
(General Principles)
1. These provisions are aimed at reconciling fundamental rights of individuals with citizens' right to
information and freedom of the press.
2. The journalistic profession is carried out without being subject to authorisation or censorship as
provided for by Article 21 of the Italian Constitution. On account of its being a prerequisite for
freedom of the press, the fact of collecting, recording, keeping and disseminating information on
facts and occurrences concerning  persons, collective entities, official bodies, custom, scientific
research and intellectual movements - when carried out within the scope of journalistic activity and
for the relevant purposes - is essentially different in nature from the storage and processing of
personal data by databases or other entities. The necessary derogations provided for by paragraphs 124
17 and 37 and Article 9 of Directive 95/46/EC  of 24.10.95, of the European Parliament and the
Council,  and by Act no. 675/1996 are grounded on the aforementioned principles.
Article 2
(Data Banks Used by Editorial Offices and
Protection of Journalists' Personal Archives)
1. Journalists collecting information for any of the operations referred to under Section 1(2)(b) of
Act no. 675/96 must identify themselves, their profession and the purposes of the collection, unless
this may endanger their safety or otherwise makes it impossible for them to carry out their
journalistic activity; they must refrain from subterfuge and harassment. Having disclosed their
activity, journalists are not required to provide the remaining items of information referred to in
Section 10(1) of Act no. 675/96.
2. If personal data are collected from data banks used by editorial offices, publishing companies
must inform the public at least twice a year, through advertisements, of the existence of such data
banks and the place where the rights as per Act no. 675/96 may be exercised. Publishing companies
must also include the data processor’s name into management data in order for data subjects to
apply to such processor for exercising the rights referred to in Act no. 675/96.
3. The safeguards set out in Section 2 of Act no. 69/1963 and Section 13(5) of Act no. 675/1996
with regard to sources of information  apply to journalists' personal archives that are used for the
exercise of professional activities and for the sole purposes related thereto.
4. Journalists may keep the data they have collected for as long as is necessary for the relevant
professional purposes.
Article 3
(Protection of a Person's Residence)
1. Protection of a person's residence and other private places of abode also extends to health care,
custodial or rehabilitation institutions in compliance with the relevant legislation and with the
appropriate use of invasive techniques.
Article 4
(Rectification)
1. Journalists must promptly rectify mistakes or inaccuracies, also in pursuance of the duty of
rectification in the cases provided for by law and in accordance with the relevant arrangements.
Article 5
(Right to Information and Personal Data)
1. In collecting personal data disclosing racial and ethnic origin, religious, philosophical or other
beliefs, political opinions, membership of parties, trade unions, associations or organisations of a
religious, philosophical, political or trade-unionist character and any data disclosing health and sex
life, journalists must ensure the right to information on facts of public interest, by having regard to
the materiality of such information, and avoid any reference to relatives or other persons who are
not involved in the relevant events. 125
2. With regard to data concerning circumstances  or events that have been made known either
directly by the persons concerned or on account of their public conduct, the right to subsequently
provide proof of the existence of lawful justification deserving  legal protection is hereby left
unprejudiced.
Article 6
(Materiality of the Information)
1. Disclosure of information of substantial public or social interest is not in conflict with the respect
for private life if this information, detailed or not, is indispensable on account of either the
originality of the relevant event(s) or the description of the specific way in which they have
occurred as well as in the light of the qualifications of the persons involved.
2. The private sphere of prominent persons and persons holding public offices must be respected if
the information or data are irrelevant to their role or public life.
3. Journalists' opinions and comments are part of freedom of the press as well as of the freedom of
expression granted to all citizens by Constitution.
Article 7
(Protection of Children)
1. Journalists must not refer to the names of children involved in facts reported in the press or
provide particulars allowing their identification, in order to protect their personality.
2. The protection of children's personality also extends to facts that are not specifically regarded as
offences, by having regard to nature and items of the relevant report.
3. The child's right to privacy must always take precedence over both freedom of expression and
freedom of the press; however,  if journalists decide to publish reports or images concerning
children for reasons of substantial public interest, without prejudice to legal constraints, they will be
responsible for evaluating whether such publication does serve the child's objective interests in
pursuance of the principles and limitations laid down in the "Treviso Charter".
Article 8
(Protection of Personal Dignity)
1. Without prejudice to materiality of the information, journalists must not provide information or
publish images or photographs of persons involved in facts reported in the press where such
information, images or photographs affect the persons' dignity, nor must they dwell on the details of
acts of violence, unless the information or images are deemed to be important for the public.
2. Journalists must not film or produce images and photographs of persons in custody without the
latters' consent, unless this is done either to serve a substantial public interest or for proven judicial
and police purposes.
3. No person may be shown when fettered or handcuffed, unless this is necessary to report
maltreatment.
Article 9
(Protection of the Right to Non-Discrimination) 126
1. In exercising the rights and duties related to freedom of the press, journalists must respect a
person's right to non-discrimination on account of  his/her race, religion,  political opinions, sex,
personal circumstances, bodily or mental condition.
Article 10
(Protection of the Dignity of the Ill)
1. In referring to the health of an identified or identifiable person, journalists must respect his/her
dignity, right to privacy and decorum especially in cases involving severe or terminal diseases; they
must avoid publishing analysis data of exclusively clinical interest.
2. Publication is allowed for the purpose of ensuring that all material information is disclosed and
by respecting a person's dignity, if such person plays an especially important social or public role.
Article 11
(Protection of a Person's Sex Life)
1. Journalists must avoid reporting the sex life of any identified or identifiable person.
2. Publication is allowed for the purpose of ensuring that all material information is disclosed and
by respecting a person's dignity, if such person plays an especially important social or public role.
Article 12
(Protection of Freedom of the Press with regard to Criminal Proceedings)
1. The limitation set out in Section 24 of Act no. 675/96 does not apply to the processing of data
concerning criminal proceedings.
2. Processing of personal data disclosing adoption of the measures as per Section 686(1)(a) and (d),
(2) and (3) of the Criminal Procedure Code is allowed within the scope of freedom of the press, in
accordance with the principles laid down in Article 5.
Article 13
(Scope of Application and Disciplinary Measures)
1. These provisions shall apply to professional journalists, free-lance and trainee journalists and to
any person carrying out journalistic activities even occasionally.
2. The disciplinary measures referred to under Title III of Act no. 69/1963 shall only apply to
persons included in the Roll of Journalists, in the relevant lists or in the Register. 127
A.2 – PROCESSING OF PERSONAL DATA FOR HISTORICAL PURPOSES
CODE OF CONDUCT AND PROFESSIONAL PRACTICE
REGARDING THE PROCESSING OF PERSONAL DATA
FOR HISTORICAL PURPOSES
PREAMBLE

This Code is adopted by the public and private bodies mentioned below based on the following
premises:
1) Any person accessing information and documents for historical purposes frequently uses
personal data, which are protected by law in order to safeguard data subjects. In the light of the
public interest related to the performance of said processing operations, whoever uses personal data
for the aforementioned purposes (with particular regard both to public archives and to private
archives declared to be of substantial historical interest in pursuance of Section 36 of Presidential
decree no. 1409 of 30.09.63) was exempted by law from the obligation to request data subjects’
consent pursuant to Sections 12, 20 and 28 of the Data Protection Act (Act no. 675 of 31.12.96 –
see, in particular, Section 27; legislative decree no. 135 of 11.05.99; legislative decree no. 281 of
30.08.99 – see, in particular, Section 7(4); presidential decree no. 1409 of 30.09.63 as subsequently
amended and supplemented).
2) Use of said data by users and archivists must therefore conform to both the relevant laws and this
Code of conduct and professional practice; compliance with this Code is a fundamental prerequisite
for the processing of data to be lawful, in addition to its being part of the relevant professional
ethics (Section 31(1), h), of Act no. 675 of 31.12.96;  Section 6 of legislative decree no. 281 of
30.07.99).
3) Compliance with the abovementioned rules should not affect investigations, research, gathering
of documents and studies with regard to persons, facts and circumstances of the past, irrespective of
the places in which said activities are performed.
4) Processing of personal data in connection with the conservation, categorisation and
communication of documents kept both in State Archives and in historical Archives of public
bodies is considered to be in the substantial public interest (Section 23 of legislative decree no. 135
of 11.05.99).
5) Adoption of this Code is encouraged by the Garante under the law pursuant to the principle of
adequate representation of the public and private bodies concerned. This Code is also the expression
of the professional associations and categories concerned, including scientific societies, with a view
to reconciling the requirements of investigation into and description of historical facts with the
rights and fundamental freedoms of data subjects (Section 1, Act no. 675 of 31.12.96). 128
6) In this Code provisions are made under the law concerning, in particular,  a)  rules based on
fairness and non-discrimination in respect of users, to be abided by also in communication and
dissemination of data, in line with the provisions applying to freedom of the press and freedom of
speech;  b) the specific safeguards applying to collection, consultation and dissemination of
documents concerning data disclosing health, sex life or private family relations; c) modalities for
applying the provisions on processing of data for historical purposes to private archives (Section
7(5), legislative decree no. 281 of 30.07.99).
7) Adoption of this Code is based not only on Articles 21 and 33 of the Constitution of the Italian
Republic, but also on the relevant international  sources and instruments  concerning historical
research and archives such as, in particular,:
a) Articles 8 and 10 of the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms as ratified by Italy with Act no. 848 of 04.08.55;
b) Council of Europe Recommendation No. R (2000) 13 of 13 July 2000;
c) Articles 1, 7, 8, 11 and 13 of the Charter of Fundamental Rights of the European Union;
d) the Guidelines for a Law on Historical and Current Archives as laid down by the International
Council on Archives at the Ottawa Conference in 1996, and the International Code of Ethics for
Archivists as adopted during the 1996 Beijing International Conference on Archives.
Chapter I
GENERAL PRINCIPLES
Article 1
(Purposes and Scope)
1. These provisions are aimed at ensuring that the use of personal data acquired in carrying out free
historical research activities and in exercising the right to education and information, as well as in
the course of the access to instruments and documents, takes place by respecting data subjects’
rights, fundamental freedoms and dignity with particular regard to the right to privacy and personal
identity.
2. This Code includes provisions applying to the processing of personal data for historical purposes
in connection with documents that are kept either in archives of public administrative bodies, public
bodies or in private archives which have been declared to be of substantial historical interest. This
Code applies to all the processing operations concerning personal data that are performed by users
for historical purposes, without the need for said users to subscribe to this Code.
3. This Code further includes guidelines for the conduct of any person processing, for historical
purposes, personal data that are kept either in public archives or in private archives which have been
declared to be of substantial historical interest; in particular,
a) as regards archivists, fairness and non-discrimination rules are laid down concerning users
irrespective of their nationality, position, and education; 129
b) as regards users, safeguards are laid down concerning collection, use and disclosure of the data
included in documents.
4. Owners, holders or keepers of either private archives which have not been declared to be of
substantial historical interest  or individual documents with historical interest may notify the
competent Superintendent’s Office for archives  of their intention to apply this Code to the
appropriate extent.
Article 2
(Definitions)
1. In implementing this Code, account shall be taken of the definitions and indications included in
the legislation on personal data processing, with particular regard to the provisions mentioned in the
Preamble. For the selfsame purposes,
a) “archivist” shall mean any natural or legal  person, body or association that is responsible for
supervising, acquiring, processing, preserving,  restoring and managing historical, current and
deposited archives of the public administration, private archives which have been declared to be of
substantial historical interest as well as the private archives referred to in Article 1(4) above;
b) “user” shall mean any person either requesting access to or accessing documents including
personal data for historical purposes, also in connection with journalistic activities and/or the
occasional publication of papers, essays and other intellectual works;
c) “document” shall mean any item of information including personal data, whether in written or oral
form or else stored on other media.
Chapter II
RULES APPLYING TO ARCHIVISTS’ CONDUCT
AND LAWFULNESS OF THE RELEVANT PROCESSING OPERATIONS
Article 3
(General Rules of Conduct)
1. Archivists processing personal  data and the documents including such data shall take suitable
measures, in line with the relevant laws and regulations, in order to ensure the respect for rights,
fundamental freedoms and dignity of the persons to whom the processed data relate.
2. Archivists from public bodies or organisations shall ensure full compliance with the relevant laws
and regulations concerning archives as also related to third parties with whom they have contacts
because of their official duties or service – with particular regard to Sections 21 and 21-bis of
presidential decree no. 1409 of 30.09.63 as amended by legislative decree no. 281 of 30.07.99 and
Section 7 of said legislative decree no. 281/1999 and subsequently supplemented.
3. Any person discharging tasks related to archives in a public body shall process personal data by
complying with such fairness, accuracy, impartiality honesty and diligence requirements as are
warranted by professional practice and his/her position. He/She shall perform the relevant activities
in accordance with the transparency criteria applying to public administrative agencies. 130
4. Any personal data that is used for historical purposes may be used further for said purposes. Such
data shall be governed in principle by the same provisions irrespective of the documents including
the data and the place of storage, without prejudice to the safeguards and precautions applying to
specific categories of data or processing operation.
Article 4
(Conservation and Protection)
1. Archivists shall undertake:
a) to promote retrieval, acquisition and protection of documents. To that end, they shall follow such
principles, methodologies and practice as are generally accepted and agreed upon in the relevant
professional sector; they shall also see to systematically and continuously updating their historical,
administrative and technological skills;
b) to safeguard integrity of archives and authenticity of documents, including those in electronic and
multimedia form, and to aim at their permanent conservation with particular regard to the documents
endangered by cancellation, dispersion and alteration of the data;
c) to ensure that reproductions be true to original documents and abstain from any activity aimed at
tampering with, dissembling or misrepresenting facts, information, documents and data;
d) to ensure compliance with the security measures referred to in Section 15 of Act no. 675 of
31.12.96 and presidential decree no. 318 of 28.07.99, as subsequently amended and supplemented,
by developing suitable measures in order to prevent destruction, dispersion or unauthorised access to
documents and by also taking specific precautions in the light of certain risks – such as by only
making available the copies of certain documents for consultation and keeping the relevant originals
in a safe or an armoured cupboard.
Article 5
(Communication and Utilisation)
1. Archives shall be organised so as to ensure unrestricted utilisation of information sources.
2. Archivists shall ensure the widest possible  access to archives and facilitate research and
information gathering as well as retrieval of information sources in accordance with the applicable
legislation.
3. Archivists shall inform researchers of any documents that have been removed from a file for the
time being because of their being withheld from consultation.
4. Where data are collected by an archive on a systematic basis in cooperation with other public or
private bodies in order to set up data banks including whole archive series, the relevant organisation
shall make an ad-hoc agreement stipulating the arrangements for utilisation and the safeguards
applying to data subjects in accordance with the  law - in particular as regards the relationship 131
between data controller, processor and persons in charge of  the processing as well as the
relationships with third parties which may be interested in accessing the data.
Article 6
(Commitment to Confidentiality)
1. Archivists shall undertake:
a) to abstain from using, whether for their own research purposes or with a view to gain, information
that is either unavailable to users or non-publicly available and has been obtained in the course of
their activity even on a confidential basis. Archivists performing research activities for purposes of
their own or else falling outside the scope of their professional activity shall be subjected to the same
rules and limitations as apply to users;
b) to keep confidential any news and information concerning personal data they may come to know
in the course of their activity.
2. Archivists shall further comply with the above confidentiality requirements after leaving their
positions.
Article 7
(Data Update)
1. Archivists shall facilitate the exercise of a data subject’s right to have the data updated, rectified
or supplemented and ensure that the data are kept in a way allowing the original source to remain
separate from any subsequent accessions.
2. With a view to the implementation of Section 13 in Act no. 675/1996, archivists shall make
available the relevant search tools and sources in case a general request is made for access to a large
series of data and/or documents; they shall further provide the person requesting it with appropriate
directions to facilitate consultation.
3. In case a right is to be exercised pursuant to Section 13(3) of Act no. 675/1996 by an entity having
an interest therein as regards personal data concerning either deceased persons or documents dating
back to remote times, existence of the relevant interest shall be assessed by also taking account of
the time already elapsed.
Article 8
(Oral Sources)
1. With regard to the processing  of oral sources [of information], it shall be necessary for the
interviewees to give their express consent,  whether orally or not, even based on summary
information including at least the interviewer’s identity and activity and the purpose(s) of the data
collection. 132
2. If an Archive acquires oral sources, it shall request the interviewer to produce a written statement
to the effect that the purposes of the interview have been notified and the relevant consent has been
obtained from the interviewees.
Chapter III
RULES OF CONDUCT FOR USERS
AND LAWFULNESS OF THE RELEVANT PROCESSING OPERATIONS
Article 9
(General Rules of Conduct)
1. In accessing sources and exercising freedom of expression as well as in performing studies or
research activities, users shall take such measures as are appropriate pursuant to laws and regulations
in order to ensure respect for data subjects’ rights, fundamental freedoms and dignity whenever they
process personal data.
2. Pursuant to the provisions laid down in paragraph 1 above, users shall use documents under their
own responsibility in compliance both with the purposes sought - which must be specified in the
relevant research project - and with the principles laid down in Section 7 of legislative decree no.
281 of 30.07.99, stipulating that the data must be relevant and necessary.
Article 10
(Access to Public Archives)
1. Access to public archives shall be free. All users shall be entitled to accessing archives with the
same rights and duties.
2. Pursuant to the laws in force, an exception shall be made for confidential documents concerning
the State’s home and foreign policy, which shall be made available after fifty years from the relevant
date, as well as for documents including the data referred to in Sections 22 and 24 of Act no.
675/1996, which shall be made available after forty years from the relevant date. The term shall be
seventy years in case of data disclosing health or sex life or private family relationships.
3. Consultation of the documents referred to in paragraph 2 may be authorised before expiry of the
relevant term by the Ministry for Home Affairs, based on the opinion of either the competent State
Archive Director or the competent Archives Superintendent and after hearing the Committee for
Availability of Confidential Archive Documents at the Ministry for Home Affairs as provided for in
Sections 8 and 9 of legislative decree no. 281/1999.
4. Where a permission for consultation of the documents referred to in paragraph 2 is requested by
an user before expiry of the relevant term, a research project shall be submitted by that user to the
body having the documents in its custody, in which the purposes of the research and the mechanisms
for disclosure of the data shall be specified.  The person making the request may provide such
additional information as is deemed necessary. 133
5. The authorisation referred to in paragraph 3 shall be granted to all users who request it and fulfil
the same conditions. The latter assessment shall be made on the basis of the research project referred
to in paragraph 4.
6. In granting the authorisation referred to in paragraph 3 specific safeguards may be laid down in
order to allow disclosure of the data without affecting data subjects’ rights, freedoms and dignity.
7. In the light of the purposes of the research  as specified in the relevant project, the above
safeguards may also consist in the obligation not to disclose the persons’ names, in only using the
initials of data subjects’ names, blanking the  names in a data bank, temporarily withholding
individual documents in a file or banning reproduction of documents. Special consideration shall be
given to relevance of the data and to any reference to facts or circumstances allowing data subjects
to be easily identified.
8.  The authorisation referred to in paragraph 3 shall be granted to a specific person and the relevant
holder may not delegate others to subsequently  process the data. Documents shall retain their
confidential nature and may not be used further by other entities without the relevant authorisation.
Article 11
(Disclosure)
1. The user’s construction shall fall under the scope of the freedom of speech and expression as set
out in the Constitution, without prejudice to the data subjects’ right to privacy, personal identity and
dignity.
2. In referring to a person’s health, users shall refrain from publicising analytical data of exclusively
clinical interest and describing the sex conduct relating to an identified or identifiable person.
3. The private sphere of either public figures or persons who have discharged public functions shall
have to be respected if the news or data are irrelevant with regard to their role or public life.
4. Pursuant to Section 7(2) of legislative decree no. 281/1999, users shall take account of the
relevance of the data at the time of their disclosure with particular regard to the individual personal
data included in documents rather than to the documents as a whole. Users may disclose personal
data if the latter are relevant and necessary for the research and do not affect the individuals’ dignity
and privacy.
5. Users are not required to provide the information as per Section 10(3) of Act no. 675/1996 where
this would involve a clearly disproportionate effort.
6. Users may only use the processed data or the copies of documents including personal data that are
accessible by a specific authorisation for the purposes of their own research; they shall be
responsible for keeping the information confidential as also related to third parties.
Article 12
(Implementation) 134
1. By subscribing to this Code, public and private bodies including scientific societies and
professional associations shall undertake to promote its widest possible dissemination and publicity
and to ensure compliance, in accordance with the mechanisms and procedures laid down in the
relevant  regulations.
2. With regard to archives held by public bodies and private archives that have been declared to be
of substantial historical interest, dissemination and implementation of this Code shall be ensured by
the Superintendent’s Offices for Archives.
Article 13
(Breach of the Rules of Conduct)
1. The competent administrative agencies shall  apply the penalties laid down in the relevant
regulations as regards public archives.
2. Societies and associations subscribing to this Code shall take suitable measures in case of a breach
of its rules, based on the relevant by-laws and regulations, without prejudice to such punishments as
are provided for by law.
3. Any breach by an user of the provisions laid down herein shall be notified to the entities which are
entitled to granting the authorisation for consultation of confidential documents before the expiry of
the lawful terms and shall be taken into account with a view to the granting of said authorisation.
The competent administrative agency may also temporarily ban a person who has infringed the rules
set out herein from accessing consultation rooms, in accordance with the relevant regulations. Such a
person may also be refused any subsequent authorisation for the consultation of confidential
documents.
4. As well as reporting any offence in accordance with the laws applying to civil servants, the
entities referred to in paragraphs (1) and (2) may also inform the Garante concerning breaches of the
rules laid down herein for the Garante to take such measures and impose such penalties as may be
required.
Article 14
(Entry into Force)
1. This Code shall apply as of the fifteenth day following its publication on the Official Journal of
the Italian Republic. 135
A.3 – PROCESSING OF PERSONAL DATA FOR STATISTICAL PURPOSES WITHIN
THE FRAMEWORK OF THE SI.STA.N. [NATIONAL STATISTICAL SYSTEM]
GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
PROVISION of 31 July 2002
Code of Conduct and Professional Practice Applying to the Processing of Personal Data for
Statistical and Scientific Research Purposes within the Framework of the National Statistical
System (published in the Official Journal no. 230 of 01.10.2002)
THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
Having convened today, with the participation of Prof. Stefano Rodotà, President, Prof. Giuseppe
Santaniello, Vice-President, Prof. Gaetano Rasi and Mr. Mauro Paissan, Members, and Mr.
Giovanni Buttarelli, Secretary-General,
Having regard to Article 27 of Directive 95/46/EC of the European Parliament and of the Council of
24 October 1995, under which Member States and the Commission shall encourage the drawing up
of codes of conduct intended to contribute to the proper implementation of the national provisions
adopted by the Member States pursuant to the Directive, taking account of the specific features of
the various sectors,
Having regard to Section 31(1), letter h), of Act no. 675 of 31.12.1996, which entrusts the Garante
with the task of encouraging, within the framework of the categories concerned and in compliance
with the representation principle, the adoption of codes of conduct and professional practice for
certain sectors, verifying that they are compliant with laws and regulations also by having regard to
the considerations made by entities concerned, and contributing to ensuring that they are
disseminated and respected,
Having regard to legislative decree no. 281 of 30.07.1999 on the processing of personal data for
historical, statistical and scientific research purposes and, in particular, to Section 6(1) thereof,
under which the Garante is entrusted with the task of encouraging adoption of one or more codes of
conduct and professional practice for public and private entities, including scientific societies and
trade associations, involved in the processing of data for statistical and scientific research purposes,
Having regard to Section 10(6) of the abovementioned legislative decree no. 281/1999, dealing with
some aspects that should be specified in the code applying to the processing of data for statistical
and scientific research purposes,
Having also regard to Section 12(2) of legislative decree no. 322 of 06.09.1989, as amended by
Section 12(6) of legislative decree no. 281/1999,  providing that the Committee for Safeguarding
Statistical Information is to  be heard with a view to the  adoption of codes of conduct and
professional practice in respect of the processing of personal data within the framework of the
National Statistical System, 136
Having regard to the provision issued by the  Garante on 10 February 2000, as published in the
Official Journal no. 46 of 25.02.2000, in which the Garante encouraged adoption of one or more
codes of conduct and professional  practice in respect of the processing of personal data for
statistical and scientific research purposes and called upon all the entities entitled to participate in
the adoption of such codes under the representation principle to notify the Garante thereof by 31
March 2000,
Having regard to the communications received by the Garante in response to the provision of 10
February 2000, in which several public and private entities, scientific societies and trade
associations indicated their intention to participate in drawing up the abovementioned codes, such
entities having subsequently set up an ad-hoc working group including, inter alia, representatives
from the following public bodies: Istituto Nazionale di Statistica – ISTAT [National Statistics
Agency], Istituto di studi e analisi economica – ISAE [Institute for Economic Research and
Analysis], Istituto per lo sviluppo della formazione professionale dei lavoratori – ISFOL [Institute
for Development of Employees’ Vocational Training], Presidenza del Consiglio dei Ministri –
Dipartimento della Funzione Pubblica [Prime  Minister’s Office – Public Administration
Department],
Whereas the draft code has been the subject  of a wide-ranging discussion among the entities
concerned, which have been given the opportunity to submit their considerations and put forward
proposals,
Having regard to the Prime Minister’s decree no. 152 of 09.03.2000, including provisions to set
forth the criteria and procedure for determining the private bodies participating in the National
Statistical System (SISTAN) pursuant to Section 2(1) of Act no. 125 of 28.04.1998,
Having regard to the Prime Minister’s decree of 09.05.2001 on circulation of information within the
National Statistical System,
Having regard to the Prime Minister’s decree  of 28.05.2002 on inclusion of  additional statistics
agencies into the SISTAN,
Having regard to the letter of 2 April 2001, by which the President of ISTAT forwarded, at the
request of the Committee on Guidance and Coordination of Statistical Information, the text of the
code of conduct and professional practice applying to the processing of personal data carried out for
statistical and scientific research purposes within the framework of the National Statistical System,
as undersigned by himself on behalf of the entities concerned,
Having regard to the decision made by this Authority concerning preliminary examination of the
abovementioned code (decision no. 23 of 4 July 2001),
Considering that it is appropriate to proceed with the final assessment of the code of conduct and
professional practice applying to the processing of personal data for statistical purposes within the
framework of the SISTAN, also separately from the code that is to regulate use of personal data for
statistical purposes outside the SISTAN in pursuance of Sections 6(1) and 10(6) of legislative
decree no. 281/1999,
Having heard the Committee for Safeguarding Statistical Information as required by Section 12(2)
of legislative decree no. 322 of 06.09.1989, also on the basis of the further analysis carried out in
agreement with ISTAT, 137
Having taken account of the fact that compliance with the provisions laid down in the code is a
fundamental prerequisite for the processing of personal data to be lawful,
Having ascertained that the code is compliant with laws and regulations concerning the protection
of individuals with regard to the processing of personal data, in particular with Section 31(1), letter
h), of Act no. 675/1996 as well as with Sections 6, 10, 11 and 12 of legislative decree no. 281/1999,
Whereas the code is to be published in the Official Journal of  the Italian Republic under the
Garante’s responsibility, in pursuance of Section 6(1) of legislative decree no. 281/1999,
Having regard to the records on file,
Having regard to the considerations made by the Secretary General pursuant to Section 15 of the
Garante’s Regulations no. 1/2000 as adopted by decision no. 15 of 28 June 2000 and published in
the Official Journal of the Italian Republic no. 162 of 13 July 2000,
Acting on the report submitted by Professor Gaetano Rasi,
HEREBY ORDERS
the annexed code of conduct and professional practice applying to the processing of personal data
for statistical and scientific research purposes within the framework of the National Statistical
System to be forwarded to the Law and Decree Publishing Department at the Ministry of Justice in
order for it to be published in the Official Journal of the Italian Republic.
Done in Rome, the 31
st
 of July 2002
The Chairman: Rodotà
ANNEX
CODE OF CONDUCT AND PROFESSIONAL PRACTICE APPLYING TO THE PROCESSING
OF PERSONAL DATA FOR STATISTICAL AND SCIENTIFIC RESEARCH PURPOSES
WITHIN THE FRAMEWORK OF THE NATIONAL STATISTICAL SYSTEM
Preamble
This Code is aimed at ensuring that use of personal data for statistical purposes, where such data are
considered under the law to be in the substantial public interest and the source of official statistical
information, and therefore are to be regarded as a community asset, is compliant with data subjects’
rights, fundamental freedoms and dignity, and in particular with their right to confidentiality and
personal identity.
This Code is adopted in pursuance of Sections 6 and 10(6)  of legislative decree no. 281 of
30.07.1999 and applies to the processing operations for statistical  purposes that are performed 138
within the framework of the National Statistical System with a view to the purposes referred to in
legislative decree no. 322 of 06.09.1989.
Adoption of this Code is grounded on the relevant international sources and instruments concerning
statistics, with particular regard to
a) The European Convention on the Protection of Human Rights and Fundamental Freedoms of 4
November 1950, as ratified by Italy via Act no. 848 of 04.08.1955,
b) The Charter of Fundamental Rights of the European Union of 18.12.2000, with particular regard
to Articles 7 and 8 thereof,
c) Convention no. 108 as adopted in Strasbourg on 28.01.1981 and ratified by Italy via Act no. 98
of 21.02.1989,
d) Directive 95/46/EC of the European Parliament and of the Council of 24.10.1995,
e) Council of Europe Recommendation no. R(97)18 as adopted on 30.09.1997,
f) Article 10 of EC Regulations no. 322/97 as adopted by the Council of the European Union on
17.02.1997.
Organisations, agencies and entities applying this Code are required to also abide by the impartiality
and non-discrimination principles in respect of other users, with particular regard to communication
for statistical purposes of data  that are stored in public archives and processed either by public
bodies or with the help of public funds.
CHAPTER I
SCOPE AND GENERAL PRINCIPLES
Article 1
Scope
1. This Code shall apply to the processing of personal data for statistical purposes as carried out by
a) statistical organisations and agencies  included and/or participating in the National
Statistical System with a view to either implementing the national statistics programme or producing
statistical information, in compliance with the respective institutional framework,
 b) entities other than those mentioned under a), though belonging to the same
administration/body, if the relevant processing operations are provided for by the national statistics
programme and statistical agencies certify the methods adopted, by having regard to the provisions
included in legislative decrees no. 322 of 06.09.1989 and no. 281 of 30.07.1999 - as subsequently
amended and supplemented - in addition to those laid down herein. 139
Article 2
Definitions
1. For the purposes of this Code, the definitions set forth in Section 1 of Act no. 675 of 31.12.1996 –
hereinafter referred to as the “Act” – and legislative decree no. 281 of 30.07.1999, including
subsequent amendments and additions, shall apply. Additionally, for the same purposes
 a) “processing for statistical purposes” shall mean any processing operation that is performed
for the purpose of statistical analysis or the production, retention and dissemination of statistical
results in pursuance of the national statistics  programme, or else for the purpose of publicising
statistical information within the scope of the institutional activities carried out by the entities
referred to in Article 1,
 b) “statistical result” shall mean the information obtained by means of the processing of
personal data in order to quantify features of a collective phenomenon,
 c) “public variable” shall mean the feature  or set of features, whether qualitative or
quantitative in nature, that is the subject of a statistical survey  in which information included in
public registers, lists, records, instruments and publicly available sources is used,
 d) “statistical unit” shall mean the entity to which the processed data refer and/or can be
referred.
Article 3
Data Subjects’ Identifiability
1. For the purpose of implementing this code,
 a) a data subject shall be considered to be identifiable if it is possible, by reasonable means,
to establish a significantly likely relationship between the combination of the modalities for the
variables concerning a given statistical unit and the latter’s identification data,
 b) the means that can be reasonably used to identify a data subject shall fall, in particular,
under the following categories:
 economic resources
 time resources
 files including personal data and other information sources including identification data
jointly with a subset of the variables that are communicated and/or disseminated,
 files, including or not personal data, providing information in addition to the data that are
communicated and/or disseminated,
 hardware and software to carry out the processing required in order to establish a connection
between non-personal data and an identified entity, by having also regard to the actual possibility of
unlawfully achieving identification of the latter entity in light of the security systems and monitoring
software adopted,
 knowledge of sample extraction, imputation, correction and statistical protection procedures
as applied to obtain the data,
 c) as regards communication or dissemination, a data subject shall be regarded as nonidentifiable if the identification risk – in terms of likelihood of identifying the data subject by taking
account of the communicated/disseminated data – is such that the means possibly required in order
to achieve identification are to be considered disproportionate compared with the resulting
infringement of and/or risk of  infringing the data subject’s rights, by having also regard to the
benefit(s) that can be achieved. 140
Article 4
Criteria for Assessing the Identification Risk
1. With a view to the communication and dissemination of statistical results, the following criteria
shall be considered in assessing the identification risk:
 a) aggregate data shall be considered to consist in combinations of modalities associated
either with a frequency that must not be lower than a pre-determined threshold, or with an intensity
resulting from the synthesis of the values taken  by a number of statistical units equal to said
threshold. The minimum threshold value shall be three.
 b) In assessing the threshold value account will have to be taken of the confidentiality level
applying to the information.
 c) Statistical results related exclusively to public variables are not subjected to the threshold
rule.
 d) The threshold rule may fail to be complied with if the statistical result does not reasonably
allow identifying statistical units by having regard to assessment type and nature of the associated
variables.
 e) Statistical results concerning the same population may be disseminated in such a way as
not to allow setting up connections among them and/or with other known information sources that
may possibly permit identification.
 f) Confidentiality is assumed to be adequately safeguarded if all the statistical units of a
population show the same modality for a given variable.
2. The variables that may be disseminated in non-aggregate fashion shall be specified in the national
statistics programme, where this is necessary to meet specific knowledge requirements also at
international and/or Community level.
3. In communicating sample data collections, the identification risk shall be limited to the greatest
possible extent. Said limit and the methodology to assess identification risk shall be set forth by
ISTAT, which shall also lay down the arrangements for data release - in line with the principles
referred to in Article 3(1), letter d) – and inform the Committee for Safeguarding Statistical
Information.
Article 5
Processing of Sensitive Data by Private Entities
1. Private entities included in the National Statistical System pursuant to Act no. 125 of 28.04.1998
shall collect and further process sensitive data for statistical purposes in anonymous format, as a
rule, subject to the provisions laid down in Section 6-bis(1) of legislative decree no. 322 of
06.09.1989 as inserted by legislative decree no. 281 of 30.07.1999 including subsequent
amendments and additions.
2. Under certain circumstances, if lawful, specific statistical purposes related to the  processing of
sensitive data cannot be achieved without identifying data subjects, even on a temporary basis, the
following prerequisites shall have to be met for said processing to be lawful: 141
 a) the data subject must have given his/her own consent freely on the basis of the information
provided;
 b) the data controller must take specific measures in order to keep identification data separate
already at the time of data collection, unless this proves unreasonable or requires a clearly
disproportionate effort;
 c) prior authorisation of the processing by the Garante is necessary, also on the basis of an
authorisation applying to categories of data and/or types of processing; alternatively, the processing
must be included in the national statistics programme.
3. Consent shall be given in writing. If the sensitive data are collected by specific methods such as
telephone and/or computer-assisted interviews, which make it especially burdensome for the survey
to obtain written consent, consent may be documented in writing on condition that is has been given
expressly. In the latter case, the records giving proof of the information provided to the data subject
as well as of the latter’s consent shall be kept by the data controller for three years.
CHAPTER II
INFORMATION NOTICE, COMMUNICATION AND DISSEMINATION
Article 6
Information Notice
1. In addition to the information referred to in Section 10 of the Act, the data subject or the persons
from which the data subject’s personal data are collected for statistical purposes shall be notified of
the possibility for the data to be processed for other statistical purposes in pursuance of legislative
decrees no. 322 of 06.09.1989 and no. 281 of 30.07.1999 as subsequently amended and
supplemented.
2. If the processing concerns personal data that have not been collected from the data subject and
informing the latter entails a disproportionate effort compared with the right to be safeguarded – as
per Section 10(4) of the Act –, the information shall be considered to have been  notified if the
processing is included in the national statistics programme or else is publicised by suitable means;
the latter shall have to be communicated in advance to the Garante, which may provide for specific
measures and arrangements.
3. As regards data collection for statistical purposes, informing the person the data are collected from
on the specific purposes and the arrangements applying to the processing for which the data are
intended may be postponed if this proves necessary in order to achieve the objectives of the relevant
survey – by having regard to the subject matter and/or the nature of said survey -, on condition that
the processing does not concern sensitive data. In such cases, the data subject must be provided with
the supplementary information as soon as the reasons for which it has been withheld no longer apply
– unless this entails a manifestly disproportionate effort. The entity responsible for the survey must
draw up a document – to be subsequently kept for at least two years as of completion of the survey
and made available to any entity exercising the rights referred to in Section 13 of the Act – detailing
the specific reasons for which it has been considered appropriate to withhold the information, the 142
items of information that have been withheld and the arrangements followed to inform data subjects
once the reasons for which said information has been withheld no longer apply.
4. Where the circumstances of the collection and the objectives of the relevant survey are such as to
allow an entity to respond in the name and on behalf of another entity, being a relative of and/or
cohabiting with the latter, the data subject may also be informed by the respondent.
Article 7
Communication to Entities Outside the National Statistical System
1. Individual data including no reference that can link them to data subjects may be communicated to
entities outside the National Statistical System, in the form of sample collections and anyhow in such
a way as to prevent data subjects from being identified.
2. Communication of personal data to university researchers and institutions, research bodies or
members of scientific societies that fall under the scope of application of the code of conduct and
professional practice on the processing of personal data carried out outside the National Statistical
System for statistical and scientific research purposes – as per Section 10(6) of legislative decree no.
281 of 30.07.1999 including subsequent amendments and additions – shall be allowed within the
framework of specific laboratories set up by entities included in the National Statistical System, on
condition that
 a) the data result from processing operations, for which the abovementioned entities included
in the National Statistical System act as data controllers,
 b) the data to be communicated do not include identification data,
 c) the provisions on statistics secrecy and personal data protection as included, inter alia, in
this code are complied with by the researchers accessing said laboratories, also on the basis of a prior
commitment statement,
 d) access to laboratories is controlled and monitored,
 e) access to files including data other than those that are communicated is not permitted,
 f) suitable measures are taken in order for  the researchers using the laboratories to be
prevented from performing data entry and retrieval,
 g) releasing the results of the processing  operations performed by researchers using the
laboratories is only authorised after the relevant laboratory staff have verified compliance with the
provisions as per point c).
3. Within the framework of joint projects that are also aimed at pursuing institutional purposes as
related to the data controller of the processing that has given rise to the data, the entities included in
the National Statistical System may communicate personal data to researchers working on behalf of
universities, other public bodies and organisations pursuing research purposes, provided the
conditions below are complied with:
 a) the data result from processing operations, for which the abovementioned entities included
the National Statistical System act as data controllers, 143
 b) the data to be communicated do not include identification data,
 
 c) the communication takes place in accordance with ad-hoc research protocols undersigned
by all the researchers participating in the specific project,
 d) the provisions concerning statistics secrecy and personal data protection as also included
in this code are expressly laid down in the abovementioned protocols to the effect that they should
be binding on all the researchers participating in the specific project.
4. Researchers authorised to communicate data are banned from carrying out processing operations
for purposes other than those expressly referred to in the research protocol, keeping the
communicated data beyond the project deadline and communicating the data further to third parties.
Article 8
Data Communication between Entities Included in the National Statistical System
1. Communication of personal data including no identification data is allowed within the framework
of entities included in the National Statistical System as regards the statistical processing operations
that are instrumental to achieving the requesting party’s institutional  purposes and have been
expressly referred to in the relevant request, without prejudice to compliance with the requirement
that data should be relevant and not excessive.
2. Communicating, inter alia, the identification data of statistical units  is allowed within the
framework of entities included in the National Statistical System if the requesting party declares that
no identical statistical result can be obtained otherwise, subject to lodging of a reasoned request in
which the purposes to be achieved pursuant to legislative decree no. 322 of 06.09.1989, including
the scientific research purposes as regards the entities referred to in Section 2 of said decree, are
detailed – without prejudice to compliance with the requirement that data should be relevant and
absolutely necessary.
3. Such data as are communicated in pursuance of paragraphs 1 and 2 above may only be processed
by the requesting party, even subsequently, for the purposes sought under legislative decree no. 322
of 06.09.1989, including the scientific research purposes as regards the entities referred to in Section
2 of said decree, in accordance with the limitations set forth in legislative decree no. 281 of
30.07.1999 and by complying with the security measures referred to in Section 15 of the Act as
subsequently amended and supplemented.
Article 9
Supervisory Authority
1. The Committee for Safeguarding Statistical Information referred to in Section 10 of legislative
decree no. 322 of 06.09.1989 shall contribute to appropriately implementing  the provisions laid
down in this code with particular regard to the provisions made in Article 8 above, by reporting
possible breaches to the Garante. 144
CHAPTER III
SECURITY AND RULES OF CONDUCT
Article 10
Data Collection
1. The entities referred to in Article 1 shall take special care in selecting the staff in charge of
collecting data as well as in laying down organisation and mechanisms for the survey, so as to ensure
compliance with this code and protection of data subjects’ interests; they shall also take steps to
appoint the persons in charge of the processing as required by law.
2. At all events, the staff in charge of data collection shall abide by the provisions laid down herein
as well as by the instructions received. In particular,
 a) they shall disclose their  identity, their tasks and the purposes of the collection also by
means of suitable documents,
 b) they shall provide the information as per Section 10 of the Act and Section 6 of this Code,
and such additional explanations as may allow data subjects to answer in a suitable, informed
manner, and shall refrain from following deceptive practices or putting undue pressure on  data
subjects,
 c) they shall not carry out data surveys simultaneously on behalf of several data controllers,
except where this is expressly authorised,
 d) they shall timely correct mistakes and inaccuracies in the information acquired with the
survey,
 e) they shall take special care in collecting the personal data referred to in Sections 22, 24 and
24-bis of the Act.
Article 11
Data Retention
1. Personal data may be retained longer than is necessary to achieve the purposes for which they
have been collected and/or subsequently processed in pursuance of Section 9 of the Act as well as of
Section 6-bis of legislative  decree no. 322 of 6 September 1989, as subsequently amended and
supplemented. In those cases, identification data may be retained for as long as they are necessary
with a view to:
 continuous and longitudinal surveys,
 control, quality and coverage surveys,
 identification of sample patterns and selection of survey units,
 setting up archives of statistical units and information systems,
 other cases in which this is fundamental and can be adequately documented for the purposes
sought.
2. In the cases referred to in paragraph 1, identification data shall be stored separately from all other
data so as to allow different levels of access, unless this proves impossible on account of the specific 145
features of the processing or involves an effort that is clearly disproportionate compared with the
right to be protected.
Article 12
Security Measures
1. In taking the security measures as per Section 15(1) of the Act and the Regulations referred to in
paragraph 2 of the latter Section, the data controller shall also specify the different levels of access to
the personal data by having regard to their nature and the tasks discharged by the entities involved in
the processing.
2. The entities referred to in Section 1 shall take the precautions required under Sections 3 and 4 of
legislative decree no. 135 of 11 May 1999 with regard to the data referred to in Sections 22 and 24
of the Act.
Article 13
Exercising Data Subject’s Rights
1. As for exercising the rights referred to in Section 13 of the Act, any data subject may access the
statistical archives containing  the data concerning him/her to  have them updated, rectified or
supplemented, provided that this does not prove impossible on account of the nature or status of the
processing or else involves an effort that is clearly disproportionate.
2. Pursuant to Section 6-bis of legislative decree no. 322 of 6 September 1989, the data processor
shall take note of the changes requested by a data subject using ad-hoc fields and/or registers without
modifying the data initially entered, where these operations do not produce significant effects either
on statistical analysis or on the statistical results related to the processing. In particular, no changes
shall be made if the latter are in conflict with statistical classifications and methodology as adopted
in pursuance of international, Community and national regulations.
Article 14
Rules of Conduct
1. Data processors and persons in charge of the processing shall also follow the rules of conduct
detailed below, where they may lawfully access – also for reasons related to their work, study and
research – personal data that are processed for statistical purposes:
 a) personal data may only be used for the  purposes specified in planning the processing
operations,
 b) personal data shall be kept in such a way  as to prevent their being dispersed, stolen or
anyhow used by departing from either the relevant laws or the instructions received,
 c) personal data and information that is not publicly available, where acquired in the course
of performing statistical activities and/or activities instrumental to the latter, may not be
disseminated or used otherwise for private purposes,
 d) the activities performed shall be adequately documented, 146
 e) professional know-how concerning personal data protection shall be continuously adjusted
to technological and methodological evolution,
 f) communication and dissemination of statistical results shall  be encouraged as related to
users’ information requirements on condition that personal data protection regulations are complied
with.
2. The data processors and persons in charge of the processing referred to in paragraph 1 shall have
to abide by the provisions laid down herein, also if they are not bound by official and/or professional
secrecy rules. Data controllers shall take suitable measures in order to ensure that data processors
and persons in charge of the processing are familiar with the abovementioned provisions.
3. Any conduct that fails to comply with the rules set forth herein shall have to be immediately
reported either to the data controller or to the data processor.147
A.4 – PROCESSING OF PERSONAL DATA FOR STATISTICAL AND SCIENTIFIC
PURPOSES
 (Published in the Official Journal no. 190 of August 14, 2004)
The Garante per la protezione dei dati personali
Having convened today, with the participation of Prof. Stefano Rodotà, President, Prof. Giuseppe
Santaniello, Vice-President, Prof. Gaetano Rasi and Mr. Mauro Paissan, members, and Mr.
Giovanni Buttarelli, secretary-general,
Having regard to Article 27 of Directive 95/46/EC of the European Parliament and of the Council of
24 October 1995, under which Member States and the Commission shall encourage the drawing up
of codes of conduct intended to contribute to the proper implementation of the national provisions
adopted by Member States pursuant to the Directive, taking account of the specific features of the
various sectors;
Having regard to Section 12 of the personal data protection Code (legislative decree no. 196 of June
30, 2003), which entrusts the Garante with the task of encouraging, within the framework of the
sectors concerned and in accordance with the principle of representation as well as with the
guidelines set out in the Council of Europe’s recommendations on processing of personal data, the
adoption of codes of conduct and professional practice in respect of certain sectors, verifying that
they are compliant with laws and regulations, also in the light of the remarks submitted by the
entities concerned, and contributing to ensure that they are disseminated and abided by;
Having regard to Section 106(1) of the Code, which entrusts the Garante with the task of
encouraging adoption of one or more codes of conduct and professional practice for public and
private entities, including scientific societies and professional associations, involved in processing
data for statistical or scientific purposes;
Having regard to Section 106(2) of the said Code, concerning some issues that have to be addressed
by the code of conduct and professional practice applying to processing of data for statistical and
scientific purposes, on the basis of some safeguards;
Having regard to the provision of February 10, 2000 by the Garante per la protezione dei dati
personali, published in the Official Journal of the Italian Republic no. 46 of February 25, 2000,
whereby the Garante encouraged adoption of one or more codes of conduct and professional
practice concerning processing of personal data for statistical and scientific research purposes and
called upon all the entities entitled to participate in the adoption of said codes under the
representation principle to notify the Garante thereof;
Having regard to the communications received  by the Garante further to the aforementioned
provision of February 10, 2000, in which several public and private entities, scientific societies and
professional associations notified that they intended to participate in adoption of the codes,
whereupon an ad-hoc working group was set up including, in particular, representatives from the
following entities: Conferenza dei rettori delle  università italiane; Italian Epidemiologists’
Association; Italian Sociologists’ Association; Italian Council for Social Science; Italian
Economists’ Society; Italian Biometrics Society;  Italian Historical Demography Society; Italian 148
Society for Hygiene, Preventive Medicine, and Public Health; Italian Statistics Society; Italian
Society of Medical Statistics and Clinical Epidemiology; Association of the Institutions and Bodies
Carrying out Market Surveys, Opinion Polls, and Social Researches;
Whereas the text of the code was disseminated broadly also via its publication on this Authority’s
website, as communicated by a notice in the Official Journal of the Italian Republic of May 20,
2004, in order to foster the widest possible discussion and allow gathering remarks and suggestions
from all the entities concerned;
Having regard to the remarks and suggestions received further to the aforementioned notice;
Whereas compliance with the provisions laid down in the code of conduct and professional practice
is a fundamental precondition for the processing of personal data by public and private bodies to be
lawful and fair (Section 12(3) of the Code);
Having found that the code of conduct and professional practice is  compliant with the laws and
regulations on personal data protection, also by having regard to Sections 12, 104 and following
ones of the Code,
Whereas under Section 12(2) of the Code, the code of conduct and professional practice is to be
published in the Official Journal  of the Italian Republic under the Garante’s responsibility and
included in Annex A to said Code pursuant to a decree by the Minister of Justice;
Having regard to the official records;
Having regard to the considerations made by the Secretary General pursuant to Section 15 of the
Garante’s Regulations no. 1/2000, as adopted by resolution no. 15 of June 28, 2000 and published
in the Official Journal of the Italian Republic no. 162 of July 13, 2000;
Acting on the report submitted by Prof. Gaetano Rasi,
ORDERS
the annexed code of conduct and professional practice applying to processing of personal data for
statistical and scientific purposes to be forwarded both to the Ufficio pubblicazioni leggi e decreti of
the Ministry of Justice in order for it to be published in the Official Journal of the Italian Republic,
and to the Minister of Justice in order for it to be included in Annex A) to the Code.
Done in Rome, this 16
th
 day of June 2004
THE PRESIDENT
Rodotà
THE RAPPORTEUR
Rasi
THE SECRETARY GENERAL
Buttarelli 149
ANNEX
CODE OF CONDUCT AND PROFESSIONAL PRACTICE
APPLYING TO PROCESSING OF PERSONAL DATA
FOR STATISTICAL AND SCIENTIFIC PURPOSES
This Code was undersigned by:
• Conferenza dei rettori delle università italiane;
• Italian Epidemiologists’ Association;
• Italian Sociologists’ Association;
• Italian Council for Social Science;
• Italian Economists’ Society;
• Italian Biometrics Society;
• Italian Historical Demography Society;
• Italian Society for Hygiene, Preventive Medicine, and Public Health;
• Italian Statistics Society;
• Italian Society of Medical Statistics and Clinical Epidemiology;
• Association of the Institutions and Bodies Carrying out Market Surveys, Opinion Polls, and
Social Researches
PREAMBLE
We, the undersigned private and public entities, hereby adopt this Code pursuant to the provisions
made in Section 106 of legislative decree no. 196 of June 30, 2003 containing the personal data
protection Code (hereinafter referred to as the “decree”), on the basis of the following premises:
1) The provisions of this Code of conduct and professional practice are aimed at reconciling the
individual’s fundamental rights and freedoms, in particular the right to personal data protection and
the right to privacy, with the requirements of statistics and scientific research as deriving from the
principle of freedom of research set forth in the Constitution, which is a precondition for scientific
development, improvement of individuals’ life-styles, and the growth of a democratic society;
2) Researchers working, whether alone or jointly with others, within universities, research bodies
and institutions, and scientific societies, shall abide by this Code in all stages of processing personal
data for statistical and/or scientific purposes regardless of  whether the respective bodies and
scientific societies have undersigned this Code;
3) In implementing this Code, its addressees shall comply with the principles set out in the 1950
European Convention for the Protection of Human Rights and Fundamental Freedoms as ratified by
Act no. 848 of August 4, 1955, in EC Directive 95/46  of the European Parliament and of the
Council, in Council of Europe’s Recommendations No. R(83)10 adopted on September 23, 1983
and No. R(97)18 adopted on September 30, 1997, and in other Community and international
instruments concerning processing of personal data for statistical and scientific purposes. They shall
abide by the principle whereby data should be relevant and not excessive, meaning that the planned
processing should not be redundant compared with the purposes sought by having regard both to the
available data and to the processing operations that have already been carried out by the relevant
controller; 150
4) As for the matters that are not regulated by this Code, the provisions laid down in personal data
protection legislation shall apply as also related to the data controller’s public or private nature (see
Sections 18 and following ones and 23 and following ones of the decree). In particular, no personal
data that is processed for statistical or scientific purposes may be used to take decisions and/or
measures in respect of the data subject, or else with a view to processing operations for purposes of
a different kind;
5) Processing for statistical purposes shall mean any and all processing operations that are
performed for purposes of statistical investigation and/or the production of statistical results, also by
means of statistical information systems (Section 4 of the decree);
6) Processing for scientific purposes shall mean any and all processing operations that are
performed for purposes of study and systematic research with a view to developing scientific
knowledge in a specific sector (Section 4 of the decree);
7) Entities and bodies applying this Code shall  abide by the impartiality and non-discrimination
principle with regard to any other entities that process the data for statistical and/or scientific
purposes. In undersigning this Code, special attention shall be paid, in particular, to the importance
of said principle in connection with communications for statistical and/or scientific purposes of data
that have been either deposited with public archives or processed on the basis of public funds;
8) The decree and this Code shall not apply to anonymous data;
9) The provisions laid down in the codes of conduct and professional practice referred to in Sections
118 and 140 of the decree shall apply to processing operations for purposes of commercial
information and communication including the related market surveys. 151
Chapter I – SCOPE AND GENERAL PRINCIPLES
Article 1. Definitions
1. For the purposes of this code, the definitions set out in Section 4 of the decree shall apply with
the following additions:
a) “statistical result” shall mean the information obtained by processing personal data in order to
quantify components of a collective phenomenon;
b) “statistical unit” shall mean the entity the processed data relate and/or can be related to;
c) “indirectly identifying data” shall mean a set  of modalities of characters that are or can be
associated with a statistical unit in such a manner  as to allow it to be identified with the use of
reasonable time and resources pursuant to the principles referred to in Section 4;
d) “public variable” shall mean the character or the combination of characters of a qualitative and/or
quantitative nature that is the subject of a statistical survey related to information contained in
public registers, lists, instruments, documents, or publicly available sources;
e) “research body or institution” shall mean any private or public entity that pursues statistical
and/or scientific research purposes within the framework of its institutional purposes, and whose
scientific activity can be documented;
f) “scientific society” shall mean an association among scholars in a given sector, including the
respective professional associations.
2. Except where specified otherwise, any reference to processing operations for statistical purposes
shall also include processing operations for scientific purposes.
Article 2. Scope of Application
1. This Code shall apply to all the processing operations carried out for statistical and scientific
purposes – pursuant to the relevant sector-related methodological standards – in respect of which
universities, other research bodies  or institutions, and scientific societies, as well as researchers
working within the framework of said universities and research bodies and institutions, and
members of said scientific societies, act as data controllers.
2. This Code shall not apply to processing operations for statistical and scientific purposes that are
related to activities aimed at safeguarding health as carried out by health care professionals and/or
health care bodies, including such activities as are comparable in terms of significant personalised
impact on the data subject. Said processing operations shall continue to be regulated by the relevant
provisions.
Article 3. Prerequisites for the Processing 152
1. Any research shall be carried out on the basis of a project to be  drawn up according to the
relevant sector-related methodological standards, also in order to prove that the processing is
performed for suitable, actual statistical or scientific purposes.
2. The research project referred to in paragraph 1 shall additionally
 a) specify the measures to be adopted in processing personal data with  a  view  to  ensuring
respect for this code as well as for personal data protection legislation;
 b) designate the data processors, if any;
 c) contain a statement whereby the entities concerned undertake to abide by the provisions
of this code. A similar statement shall be also rendered by the entities – researchers, data
processors, and persons in charge of the processing – involved in the continuation of the relevant
research, and shall be kept pursuant to the provisions made in paragraph 3.
3. The data controller shall deposit the project with the respective university, research body, or
scientific society. The latter shall be in charge  of keeping it for five years as of the planned
completion of the research, by ensuring its confidentiality – access to the project being only
permitted for the purpose of applying personal data protection legislation.
4. When processing data suitable for disclosing health, the entities concerned shall comply with the
confidentiality and security rules health care professionals are required to  apply, or else with
comparable confidentiality and security rules.
Article 4. Identificability of Data Subjects
1. For the purpose of applying this Code,
a) a data subject shall be considered to be identifiable if a significantly likely association can be
established – by using reasonable means – between the combination of the modalities of the
variables relating to a statistical unit and the identification data of the latter unit;
b) the means that can be reasonably used to identify a data subject relate, in particular, to the
following categories:
- economic resources;
- time resources;
- personal data filing systems and/or other information sources containing identification data jointly
with a subset of the variables that are communicated and/or disseminated;
- filing systems also not including personal data where they provide additional information to the
one that is communicated or disseminated;
- hardware and software resources to perform the processing required in order to relate non-personal
information to an identified entity, also by taking account of the actual possibility to unlawfully
achieve identification of said entity in light of the security systems and control software that have
been implemented;
- knowledge of the procedures for sample extraction, statistical imputation, correction and
protection as adopted with a view to data production; 153
c) in case of communication and/or dissemination, a data subject may be regarded as not
identifiable if the identification risk – in terms  of likelihood of identifying said data subject by
having regard to the data that have been communicated and/or disseminated – is such that the means
possibly required to effect identification are to be considered disproportionate compared with the
(risk of) damage resulting therefrom to the data subjects’ rights, also in the light of the benefit(s)
that might be achieved.
Article 5. Criteria to Assess the Identification Risk
1. For the purpose of communicating and disseminating data, the following criteria shall be taken
into account in assessing the identification risk:
a) aggregated data shall be combinations of modalities either with a frequency that is not lower than
a given threshold or with an intensity resulting from the sum of the values taken by as many
statistical units as the said threshold. The minimum value that may be set for the threshold in
question shall be three;
b) in assessing the threshold level account shall be taken of the confidentiality level of the
information;
c) statistical results related exclusively to public variables shall not be the subject of the threshold
rule;
d) the threshold rule may be disregarded if  the statistical result does not reasonably allow
identifying statistical units in light both of survey type and of the nature of the associated variables;
e) statistical results related to the same population may be disseminated in such a manner as to
prevent establishing links between them and/or with other known sources of information that might
enable identification;
f) confidentiality shall be assumed to be adequately protected if all the statistical units of a given
population show the same modality in respect of a variable.
Chapter II – INFORMATION NOTICES, COMMUNICATION, AND DISSEMINATION
Article 6. Information Notice
1. In collecting data for a statistical purpose, the data subject  shall be notified – within the
framework of the information referred to in Section 13 of the decree – of the possibility that his/her
personal data may be stored and processed for other statistical and/or scientific purposes, which
shall be adequately specified – to the extent that this is known – also by having regard to the
categories of recipient.
2. In collecting data for a statistical purpose, provision of information to the individual the data are
collected from may be deferred in respect of the specific purposes and  the mechanisms of the
processing for which the data are intended, where this is found to be necessary in order to achieve
the objective of the survey – by having regard to the topic and/or the nature of said survey – and the
processing does not concern sensitive and/or judicial data. In these cases, the information provided 154
to data subjects shall be completed directly the reasons for deferring it cease to apply, unless this
proves unreasonable and/or entails the use of positively disproportionate means. The entity in
charge of the survey shall draw up a document  – which shall be kept  for three years as of
conclusion of the survey and made available to data subjects exercising the rights as per Section 7
of the decree – setting out the specific reasons why provision of the information to data subjects
was deferred, the information items that were deferred, and the mechanisms implemented to inform
data subjects once the reasons for deferring the information ceased to apply, or else the grounds on
which the information in question was withheld.
3. If the objectives of the survey, the nature of the data, and the circumstances of the collection are
such – with regard to scientifically reliable parameters – as to allow an entity to be held liable on
behalf of another one in its capacity as family member and/or cohabiter, the data subject may be
informed by the agency of the respondent, providing the processing does  not concern sensitive
and/or judicial data.
4. If the data are collected from third parties or the processing for statistical and/or scientific
purposes concerns data that have been collected for other purposes, and the provision of
information entails a disproportionate effort compared with the right to be protected, the data
controller shall ensure publicity of the processing in the following manner:
- by publishing an ad in at least a newspaper with nationwide circulation, or broadcasting a report
via a radio and TV company with nationwide reach, as regards processing operations concerning a
high number of entities distributed all over the national territory;
- by publishing an ad in a newspaper with regional (provincial) circulation, or broadcasting a report
via a radio and TV company with regional (provincial) reach, as regards processing operations
concerning a high number of entities distributed over a regional (provincial) area;
- by publishing an ad in information media that are customarily addressed to the relevant data
subjects as regards processing operations concerning specific categories that are identified on the
basis of particular population features and/or particular training, occupational, or similar conditions.
The data controller shall notify the Garante in advance of the publicity mechanism it has adopted.
5. If the data controller deems it inappropriate to avail itself of the publicity mechanisms referred to
in paragraph 4, partly by having regard to the nature of the collected data and/or the processing
mechanisms, or else of the expenses to be incurred in connection with the relevant survey, it may
decide on implementing suitable publicity mechanisms that shall be notified in advance to the
Garante; the latter may always require certain measures and/or precautions to be taken.
Article 7. Consent
1. Processing for statistical and/or scientific purposes may be carried out by a private entity without
the data subject’s consent if it does not concern sensitive and/or judicial data and the information
notice provided pursuant to Section 13 of the decree contains a section that sets out whether the data
are to be disclosed on a mandatory basis or not, specifically detailing the reasons why the data in
question are to be provided on a voluntary basis.
Article 8. Data Communication and Dissemination 155
1. It shall be allowed to disseminate statistical results, also by publishing them, exclusively in
aggregated format, or else in a manner preventing data subjects from being identified also based on
indirectly identifying data – except where the dissemination concerns public variables.
2. Personal data that are processed for a given statistical purpose may be communicated, after
eliminating identification data, to a university, research body or institution, and/or a researcher for
other statistical purposes that shall be clearly set out in writing in the relevant request. In drawing
up the relevant research project as per Article 3, the requesting entity shall undertake not to process
the data for purposes other than those referred to in the said request as well as not to communicate
the data further to third parties; additionally, it shall enclose a copy of the communication request
with the project. The requested party, being the controller of the initial processing, shall deposit
both the communication request and the related project with the respective university, research body
or scientific society, which shall be responsible for keeping them under confidentiality conditions
for five years as from the planned completion of the research.
3. Should the requesting party declare that the statistical result cannot be achieved otherwise and
expressly set out the relevant grounds in the request as per paragraph 2 above, it shall be permitted
to also communicate the identification data. The requested party, having evaluated the
aforementioned grounds, shall provide the data in compliance with the data relevance and necessity
principles. Article 9 hereof shall be left unprejudiced.
4. The provisions referred to in paragraphs 2  and 3 shall also apply to communication and
subsequent transfer, even on a temporary basis, of personal data to universities, research bodies or
institutions, and/or researchers that are resident either in a EU Member State or in a country
affording adequate protection of personal data.
5. If the processing for a given statistical purpose entails transfer of personal data, also on a
temporary basis, to a non-EU Member State affording no adequate protection of personal data, said
transfer shall be allowed on the basis of safeguards for data subjects’ rights that are comparable
with those set out herein, to  be adduced by the recipient body and/or researcher by means of a
contract to be drawn up in accordance with the standards authorised by the Garante pursuant to
Section 40 of the decree, also on the proposal of scientific bodies and/or societies.
Article 9. Processing of Sensitive and Judicial Data
1. As a rule, sensitive and/or judicial data processed for statistical and/or scientific purposes shall be
anonymous.
2. Where the lawful, specific statistical or scientific purposes aimed at by the processing of sensitive
and/or judicial data cannot be achieved without identifying data subjects, also on a temporary basis,
the data controller shall take specific measures to keep the identification data separate ever since
collection, unless this proves impossible because of the features of the processing or else entails use
of clearly disproportionate means.
3. Where the data as per paragraph 1 are contained in lists, registers, and/or databases that are kept
with the help of electronic means, they shall be processed by using either encryption techniques or
identification codes and/or other solutions that, in the light of the number and type of the processed
data, make said data temporarily unintelligible also to those entities that are authorised to access
them and allow identifying data subjects only if this is necessary. 156
4. Where the entities referred to in Article 2(1) are private bodies, they may process sensitive data
for statistical purposes if
 a) the data subject has given his/her consent freely on the basis of the items that are required
to be included in the information notice;
 b) the consent is given in writing. If the sensitive data are collected in such a manner – e.g.
telephone interviews, operator-assisted interviews, etc. – as to make it especially burdensome to
obtain consent in writing, said consent may be documented in writing on condition that it is given
expressly. In this case, the documents related to provision of the information to the data subject as
well as to obtaining his/her consent shall be kept by the data controller for three years;
 c) the processing has been authorised by the Garante either following a specific request
pursuant to Section 26(1) of the Decree or based on a general authorisation applying to certain
categories of data controller and/or processing operation that has been issued pursuant to Section 40
of the Decree, also on the proposal of scientific bodies and societies.
5. Processing of judicial data by the entities referred to in Article 2(1) that are private bodies shall
only be allowed if it is authorised expressly by the law and/or a provision issued by the Garante in
pursuance of Section 27 of the Decree.
6. Where the entities referred to in Article 2(1) are public bodies, they may process sensitive and/or
judicial data
 a) for scientific purposes, in compliance with Section 22 of the Decree, on condition that
they specify and publish the categories of data  and operation that are absolutely relevant and
necessary by having regard to the purposes sought  in the individual cases, and update this
information regularly in pursuance of Section 20, paragraphs 2 and 4, of the Decree;
 b) for statistical purposes,  in compliance with Section 22 of the Decree, providing the
conditions referred to in Section 20, paragraphs 2-4, of the Decree are fulfilled.
Article 10. Genetic Data
1. Processing of genetic data shall only be allowed in the cases and according to the arrangements
set forth in an ad-hoc authorisation issued by the Garante pursuant to Section 90 of the Decree.
Article 11. Provisions Applying Specifically  to Medical, Bio-Medical, and Epidemiological
Research
1. Medical, bio-medical, and epidemiological research shall fall within the scope of application of
this code to the extent set forth in Article 2(2) hereof.
2. The research referred to in paragraph 1 shall be carried out in compliance with international and
Community guidelines and provisions applying to this subject matter, such as the Convention on
Human Rights and Biomedicine of 4 April 1957,  as ratified by Act no. 145 of 28 March 2001,
Council of Europe’s Recommendation No. R(97)5 adopted on 13 February 1997, on the protection 157
of medical data, and the World Medical Association Helsinki Declaration on the principles for
medical research involving human subjects.
3. In any research as per paragraph 1, the information notice shall enable data subjects to make a
distinction between research activities and health care-related activities.
4. In expressing his/her consent to medical and/or epidemiological surveys, the data subject shall be
requested to declare whether he/she is willing to be informed of any unexpected findings made in
his/her regard during the research. If so, the data subject shall be informed in accordance with the
mechanisms set out in Section 84 of the decree.  If consent cannot be requested because of the
reasons specified in paragraph 5 below, the aforementioned findings shall be communicated all the
same to the data subject, in compliance with Section 84 of the decree, where they are of major
importance with a view to safeguarding the data subject’s health.
5. In any research as per paragraph 1, the data  subject’s consent shall not be required if the
following conditions are met pursuant to Section 110 of the decree:
 a) it is not possible to inform the data subject on ethical grounds – the data subject being
unaware of his/her condition – or else on methodological grounds – it being necessary not to inform
the data subject about the assumptions underlying the research and/or the circumstance that he/she
was selected therefor – or because it is organisationally unfeasible;
 b) the research programme has been the subject of a reasoned favourable opinion issued by
the competent ethics committee;
 c) the processing has been authorised by the Garante also pursuant to Section 40 of the
decree, also upon the proposal of relevant scientific bodies and societies.
Article 12. Supervision
1. Universities, research bodies and/or institutions, and scientific societies shall keep the documents
related to the research projects that have been submitted as well as to the undertakings endorsed by
researchers pursuant to Article 3(1) and (2) and Article 8(2) hereof.
2. The entities referred to in paragraph 1
 a) shall ensure that this Code is disseminated among and complied with by any and all
entities that, both inside and outside the relevant organisation, are involved for whatever reason in
the processing of personal data that is carried out within the framework of the researches, also by
taking suitable measures on the basis of the respective by-laws and regulations; and
 b) shall notify the Garante of any breaches of the code coming to their knowledge.
CHAPTER III – SECURITY AND RULES OF CONDUCT
Article 13. Data Collection 158
1. The entities referred to in Article 2(1) shall pay specific attention to both selecting the staff in
charge of data collection and setting out organisational and methodological arrangements for the
survey, in order to ensure compliance with this code and safeguard data subjects’ rights.
2. The staff in charge of collection shall abide by both the provisions laid down herein and the
instructions received. In particular, they shall
 a) disclose their identities and functions and the purposes of collection, also by means of
appropriate documents;
 b) provide the information as per Section 13 of the decree and Article 6 hereof as well as
such other explanations as can allow data subjects to answer adequately and knowledgeably, and
refrain from any conduct that might be regarded as deception and/or undue pressure;
 c) not collect personal data from the same data subjects at the same time on behalf of several
data controllers, except where expressly authorised to do so;
 d) timely rectify mistakes and inaccuracies affecting the information gathered in the course
of data collection; and
 e) take special care in collecting sensitive and/or judicial data.
Article 14. Data Retention
1. Pursuant to Section 99 of the decree, personal data may be retained for statistical or scientific
purposes also for longer than is necessary to  achieve the purposes for which they have been
collected and/or subsequently processed. In such cases, the identification data may be retained until
they are found to be necessary with a view to
 a) continuous longitudinal studies;
 b) control, quality, and coverage studies;
 c) laying down sampling designs and selecting survey units;
 d) setting up archives of statistical units and information systems; and
 e) other cases in which this is found to be indispensable based on adequate documentation
for the purposes to be achieved.
2. In the cases referred to in paragraph 1, the identification data shall be kept separately from any
other data so as to allow for different access levels, except where this is found to be impossible on
account of the specific features of the processing, or else entails the use of clearly disproportionate
means compared with the right to be protected.
Article 15. Security Measures
1. In adopting the security measures applying to data and systems as per Sections 31 and following
ones of the decree and the technical specifications contained in Annex B thereto, the controllers of
processing operations performed for statistical purposes shall also take care of access levels to the
personal data in the light of both the nature of the data in question and the tasks discharged by the
entities involved in the processing. 159
Article 16. Exercise of Data Subjects’ Rights
1. If the rights as per Section 7 of the decree are exercised with regard to data that are processed for
statistical and scientific purposes, the data subject may access the archives concerning him or her in
order to request that they be updated, rectified and/or supplemented, providing such operations do
not prove impossible because of either the nature or the status of the processing or else entail the
use of clearly disproportionate means.
2. Should the aforementioned changes produce no significant effects on the statistical results related
to the processing, the data processor shall record the changes requested by a data subject in ad-hoc
sections and/or registers without amending the data initially entered in the archive.
Article 17. Rules of Conduct
1. Data processors and persons in charge of the processing that can lawfully access the personal
data processed for statistical and/or scientific  purposes on grounds related to their work and/or
research(es) shall also abide by the following provisions:
 a) personal data may only be used for the purposes set forth in the research project as per
Article 3 hereof;
 b) personal data must be kept in such a manner as to prevent their loss, removal and/or any
other use that is not compliant with both the laws and the instructions received;
 c) non-publicly available personal data and  news that become known in the course of
performing statistical activities and/or activities that are instrumental thereto may not be
disseminated or used in whatever manner for one’s own or another’s private purposes;
 d) any and all activities performed shall be adequately documented;
 e) the professional skills related to personal data protection shall be continuously adjusted to
methodological and technological evolution;
 f) communication and dissemination of statistical results shall be fostered by having regard
to the informational requirements of both the  scientific community and public opinion in
compliance with personal data protection legislation;
 g) any and all conduct that is not in line with the rules of conduct set out herein shall be
immediately reported to either the data processor or the data controller.
Article 18. Adjustments
1.  Compliance of the provisions set out herein with international and/or other instruments adopted
in connection with the protection of personal data that are processed for statistical and scientific
research purposes shall be verified regularly also following reports submitted by the signatory
parties. This shall be aimed at amending the code as required in order to bring it into line with the
aforementioned instruments, or else at issuing a new code of conduct pursuant to Section 12 of the 160
decree if said amendments are such as to produce substantial effects on the regulations contained
herein.
Article 19. Entry into Force
1. This Code shall apply as of October 1
st
, 2004.  161
A.5 –  CODE OF CONDUCT AND PROFESSIONAL PRACTICE APPLYING TO
INFORMATION SYSTEMS MANAGED BY PRIVATE ENTITIES WITH REGARD TO
CONSUMER CREDIT, RELIABILITY, AND TIMELINESS OF PAYMENTS
Preamble
We, the undersigned private entities, adopt this Code of conduct and professional practice on the
assumption that:
1) processing of personal data within the framework of information systems controlled by private
entities that are used for the purposes of consumer credit and/or concern reliability and timeliness of
payments shall have to be performed by respecting data subjects’ rights, fundamental freedoms, and
dignity, with particular regard to the right to personal data protection, confidentiality, and personal
identity;
2) this code sets forth adequate safeguards and  processing mechanisms to  protect data subjects’
rights, which shall have to be abided by for the purposes of protecting credit and limiting the
relevant risks in order to also facilitate access to consumer credit and reduce the risk of excess
indebtment by data subjects;
3) adoption of this code is encouraged by the Garante per la protezione dei dati personali within the
framework of representative associations for the relevant industry sector in pursuance of Sections
12 and 117 of the Personal Data Protection Code (legislative decree no. 196/2003 of June 30, 2003);
4) whoever uses personal data for the aforementioned purposes shall have to abide by the rules of
conduct set out herein as a fundamental prerequisite for the processing to be lawful and fair;
5) industry operators are also required to comply with the safeguards set out in the data protection
Code, with particular regard to obtaining consent and other lawfulness preconditions;
6) this code does not apply to the information systems controlled by public bodies, in particular it
does not apply to the centralised risk service managed by Banca d’Italia (as per Sections 13, 53(1),
letter b), 60(1), 64, 67(1), letter b), 106,  107, 144, and 145 of legislative decree no. 385 of
September 1, 1993, being the Consolidated Statute on Banking and Credit; the CICR’s resolution of
March 29, 1994; the Banca d’Italia’s provision of August 10, 1995; and the Banca d’Italia’s circular
letter of February 11, 1991 as subsequently updated). The centralised system for low-level risk
assessment set up under CICR’s resolution of May 3, 1999 as published in the Official Journal no.
158 of July 8, 1999 shall be regulated by some principles set forth herein concerning the provision
of information to data subjects and exercise of data subjects’ rights insofar as they are compatible
with the specifically applicable provisions (see,  in particular, Banca d’Italia instructions as
published in the Official Journal no. 272 of November 21, 2000). 162
Article 1
Definitions
1. For the purposes of this code of conduct and professional practice, the definitions listed in the
Personal Data Protection Code (hereinafter referred to as the “Code”) shall apply (see Section 4 of
legislative decree no. 196/2003). For the same purposes, moreover,
a) “credit application/relationship” shall mean  any application or relationship concerning the
granting of credit in the exercise of commercial and/or professional activities, in the form of a
payment extension, a loan, or any other similar financial support as per the Consolidated Statute on
Banking and Credit (legislative decree no. 385 of September 1, 1995);
b) “remedying of defaults” shall mean to extinguish the defaults on money obligations due either to
defaults on payments or payment delays without losses and/or balance receivables also in the form
of interests and charges, as well as to extinguish said obligations by means other than the relevant
performance, in particular following settlement and/or composition;
c) “credit information system” shall mean any database concerning credit applications/relationships
that is managed in a centralised fashion by a legal person, an organisation,  an association and/or
another private body and can only be accessed by the entities communicating the information
recorded therein and participating in the relevant information system. The system may contain, in
particular,
1) negative credit information, only concerning credit relationships affected by defaults;
2) positive and negative credit information  concerning credit applications/relationships
irrespective of the existence of defaults as recorded in the system at the time they occurred;
d) “manager” shall mean any private entity acting as controller of the processing of the personal
data recorded in a credit information system and managing said system by setting out the
mechanisms applying to its operation and use;
e) “participant” shall mean any  private entity that acts as a controller of the processing of the
personal data that are collected in connection with credit applications/relationships, participates in
the relevant credit information system based on an agreement and/or contract with the manager, and
can use the data contained in the system, being under the obligation to notify the manager
systematically of said personal data as related to credit applications/relationships within the
framework of mutual data exchanges with other  participants. Except for the entities providing
credit-factoring services, a participant may be
 1) a bank,
 2) a financial broker,
 3) any other private entity that, in the exercise of commercial and/or professional activities,
grants an extension for the payment related to the supply of goods and/or services; 163
f)  “consumer” shall mean a natural person who, in connection with a credit
application/relationship, acts for purposes that  cannot be related to his/her professional and/or
business activity, if any;
g) “data retention period” shall mean the period  during which the personal data related to credit
applications/relationships are retained in a credit information system and can be used by
participants for the purposes referred to in this code;
h) “automated credit scoring techniques and/or systems” shall mean the mechanisms to organise,
aggregate, compare and/or process personal data  related to credit applications/relationships as
consisting in the use of automated systems based on statistical methods or models with a view to
assessing credit risk, whose results are expressed in the form of summary judgments, figures and/or
a score that is/are associated with a given data subject and aim at providing the predictive and/or
probability-based description of said data subject’s risk profile, reliability and/or timeliness of
payment.
Article 2
Purposes of the Processing
1. The personal data contained in a credit information system may only be processed by the
manager and participants for the purpose of protecting credit and limiting the relevant risks, and in
particular, to assess data subjects’ financial status and creditworthiness or anyhow their reliability
and timeliness of payment.
2. No other purposes may be pursued, especially  in connection with market surveys and/or the
promotion, advertising and/or direct selling of products or services.
Article 3
Data Quality and Categories
1. Processing within the framework of a credit information system may only concern data related to
the entity that either applies for or is a party to a credit relationship with a participant as well as the
data related to any surety, including a joint surety, whose position is clearly separate from that of
the principal debtor.
2. Processing may not concern sensitive or judicial data, and shall concern objective personal data
that are closely relevant and not excessive in respect of the purposes sought and relate to a credit
application/relationship as well as to any event occurring on whatever ground and for whatever
purpose until remedying of the relevant defaults in compliance with the retention periods set out in
Article 6.
3. The following data categories may be processed in connection with each credit
application/relationship reported to a credit information system, and said categories shall have to be 164
specified by the manager in a list that is to be made easily available on the manager’s own website
on the communications network as well as being communicated in detail to any data subject that so
requests:
a) census register data, taxation ID, and/or VAT register number;
b) data related to the credit application/relationship concerning, in particular, the type of contract,
the amount of credit, the repayment mechanisms, and the status of the application and/or contract
performance;
c) accounting data related to payments, time pattern of payments, indebtment including residual
debt, and condensed information on accounting status of the given relationship;
d) data related to credit factoring and/or litigations, assignment of credit, and/or exceptional events
affecting assets and liabilities and/or status of corporations, legal persons and/or other entities.
4. Any and all codes and criteria used to record the data in a credit information system and to
facilitate their processing shall only be aimed at providing the objective, accurate representation of
said data as well as of any events occurring in connection with the relevant credit relationship. The
aforementioned criteria and codes shall be used in conjunction with detailed information as to their
meaning, to be provided by the manager, complied with by participants, and made easily available
by both, also at the data subjects’ request.
5. The identification data concerning the participant that has communicated the personal data
related to a credit application/relationship shall be recorded in the credit information system. Said
identification data shall be accessible to both the manager and the data subjects, whilst they may not
be accessed by other participants.
Article 4
Data Collection and Recording
1. Subject to the provisions made in paragraph 5, a manager shall acquire the personal data to be
recorded in the credit information system exclusively from participants.
2. Each participant shall take appropriate measures to verify and ensure that the data communicated
to the manager may be lawfully used in the system and are accurate and fair.
3. Upon receiving the data, the manager shall verify their congruence by means of logic and formal
controls; if the data are found to be incomplete and/or incongruous, the manager shall send them
back to the participant that has communicated them for the necessary amendments and/or additions
to be made. After performing said controls and such amendments or additions as may be necessary,
the data shall be recorded in the credit information system and made available to all participants.
4. Each participant shall carefully verify the data it processes and comply promptly with any
verification requests made by a manager, also following exercise of a right by data subjects.
5. Any data recorded in a credit information system shall be deleted, supplemented and/or amended
either directly by the participant that has communicated said data, where this is technically feasible, 165
or by the manager at the request of or else in agreement with the relevant participant, also following
exercise of a right by data subjects, or in pursuance of an order issued by judicial authorities and/or
the Garante.
6. The data related to the first payment delay in a credit relationship shall be used and made
available to other participants in compliance with the terms below:
a) in negative credit information systems, after at least one hundred and twenty days as of the
relevant payment deadline, or in case the debtor defaulted on at least four monthly instalments and
these were not remedied;
b) in positive and negative credit information systems,
 1) if the data subject is a consumer, after sixty days of the monthly update referred to in
paragraph 8, or in case he/she defaulted on at least two consecutive monthly instalments, or if the
delay has to do with either the last or the last but one instalment. In the second case referred to
above, the data shall be made available after the monthly update concerning the second consecutive
default;
 2) in all other cases, after  at least thirty days following the monthly update referred to in
paragraph 8, or in case the debtor defaults on one instalment.
7. In case of payment delays, the participant shall inform the data subject, also at the time reminders
or other notices are sent, that his/her data will be shortly recorded in one or more credit information
systems. The data concerning the first delay as per paragraph  6 may be made available to
participants after at least fifteen days as of sending the aforementioned information to the data
subject.
8. Subject to the provisions made in paragraph 6, the data recorded in a credit information system
shall be updated regularly at monthly intervals by the participant that has communicated them.
Article 5
Information Notice
1. At the time of collecting the personal data related to credit applications/relationships, a
participant shall inform the data subject pursuant to Section 13 of the Code also with regard to the
processing of personal data that is performed within the framework of a credit information system.
2. The information referred to in paragraph 1 shall include clear-cut, accurate details concerning,
within the framework of the description of the purposes and mechanisms of the processing as well
as of the other elements referred to in Section 13 of the Code,
a) identification data concerning both the credit information systems the personal data are
communicated to and the respective managers;
b) the categories of participant accessing said systems; 166
c) the data retention periods in the credit information systems such data are communicated to;
d) arrangements applying to organisation, comparison and processing of the data and the use, if any,
of automated credit scoring techniques and/or systems;
e) mechanisms for data subjects to exercise the rights referred to in Section 7 of the Code.
3. The information referred to in paragraph 2 shall be provided to data subjects in writing according
to the model notice that is attached to the decision whereby compliance of this code with the law is
certified. If the information notice is included in a form used by the participant, it shall be
appropriately highlighted and placed as a separate, unified item within sections and/or boxes other
than those related to different purposes of the processing carried out by said participant.
4. The information to be provided on account of updates and/or changes concerning the data
pursuant to paragraph 2 shall be made available via regular communications as well as on one or
more Internet web sites and/or if a data subject so requests, also with regard to changes in the
manager’s registered office and/or name.
5. More detailed information shall be provided by the manager via additional dissemination
mechanisms, including the use of electronic networks, to supplement the information notice
provided by participants to the individual data subjects.
6. If the credit application is not granted, the participant shall inform the data subject as to whether
it has consulted personal data related to negative credit information in one or more systems with a
view to dealing with the credit application, and it shall provide said data subject with the details
required to identify both the system used as the source of the information and the respective
manager.
7. The participant shall provide the data subject with the additional information referred to in
Articles 9(1), letter d), and 10(1), letter c).
Article 6
Data Retention and Updating
1. The personal data related to credit applications as communicated by participants may be retained
in a credit information system for as long as necessary in order to deal with said applications and at
all events for no longer than one hundred and eighty days as of  the date of submission of the
aforementioned applications. If  the credit application is not granted, or if it is waived, the
participant shall inform the manager thereof in connection with the monthly update referred to in
Article 4(8). In the latter case, the personal data related to the application that has been waived by
the data subject and/or rejected may be retained in the system for no longer than thirty days as of
their update.
2. Negative credit information related to payment  delays that are subsequently remedied may be
retained in a credit information system 167
 a) for up to twelve months as of the recording of the data concerning remedying of delays
not in excess of two instalments/two months; or
 b) for up to twenty-four months as of the recording of the data concerning remedying of
delays in excess of two instalments/two months.
3. Upon expiry of the terms referred to in paragraph 2, the data shall be removed from the credit
information system if no data concerning further delays and/or defaults is  recorded during said
terms.
4. Participant and manager shall promptly update  the data concerning remedying of defaults of
which they are aware, where such remedying takes place after the participant’s assignment of its
credit to an entity that does not participate in the relevant system, also if the data subject so requests
by submitting either a statement rendered by the credit assignee or any other suitable instrument.
5. Negative credit information related to defaults that are not subsequently remedied may be
retained in a credit information system for no longer than thirty-six months as of the expiry of the
relevant contractual agreement; if other events  occur that are material to the payment, said
information may be retained for no longer than  thirty-six months as of the date on which the
information had last to be updated or the relevant relationship was terminated.
6. Positive credit information related to a relationship that was concluded by extinguishing all
monetary obligations may be retained in a system for no longer than twenty-four months as of the
date of termination and/or expiry of the relevant contractual agreement, or else as of the first update
performed in the month following the aforementioned dates. In light of the requirement whereby the
data should be complete in respect of the purposes to be achieved (see Section 11(1), letter d), of the
Code), the aforementioned positive credit information may be retained further in the system if the
latter contains negative credit information related  to delays and/or defaults that have not been
remedied with regard to other credit relationships  concerning the same data subject. In the latter
case, the positive credit information shall be removed from the system upon expiry of the term set
out in paragraph 5 as to retention of the negative information recorded in the system in respect of
any other credit relationships concerning said data subject.
7. If the consumer concerned notifies a participant that he/she is withdrawing his/her consent to the
processing of positive information within the framework of a credit information system, the
participant shall inform the manager thereof in connection with the monthly update referred to in
Article 4(8). In the latter case as well as in case withdrawal of consent is communicated directly by
a data subject, the manager shall record this news in the system and remove the information by no
later than ninety days as of said update and/or communication.
8. Prior to removing the data from a credit information system in accordance with the specifications
set out in the above paragraphs, a manager may transfer the data to another medium in order to
retain them exclusively for as long as necessary with a view to defending a legal claim, or else in
order to process the data in anonymous format for statistical purposes.
9. The provisions of this Article shall not apply to retention by a participant, for internal use, of
contractual and/or accounting  records containing the personal data related to a credit
application/relationship. 168
Article 7
Use of Data
1. A participant may access a credit information system also by consulting a copy of the respective
database with regard to data that fall justifiably within its scope of interest and may only concern:
a) consumers that apply for and/or are parties to a credit relationship with said participant as well as
any surety, including joint sureties,
b) entities acting in the context of their business and/or professional activities, in respect of which
investigations have been started in order to set up a credit relationship or undertake a credit risk, as
well as entities that are already parties to a credit relationship with said participant,
c) entities that are legally related to those referred to in letter b) above, in particular because they act
as joint sureties or else belong to corporate groups, providing the personal data to be accessed by
the participant are factually necessary in order to assess financial status and creditworthiness of the
entities referred to in said letter b).
2. A credit information system may be accessed by a participant and/or a manager exclusively via a
limited number of data processors and persons in  charge of the processing, to be specified in
writing, as well as by having regard only to such data as are absolutely necessary, relevant and not
excessive in respect of the purposes set out in Article 2, in connection with the specific
requirements resulting either from the investigations performed following a credit application or
from the management of a credit relationship, which must be verifiable in concrete on the basis of
the information available to said participant(s). The system may also be accessed by banks and
financial brokers that are members of the participant’s banking group in compliance with the
aforementioned limitations and mechanisms, exclusively with a view  to dealing with the
investigations required either to set up a credit relationship with the relevant data subject or anyhow
to undertake the relevant risk.
3. Participants shall access the credit information system via the mechanisms and tools, including
electronic tools, that have been set out in writing jointly with the manager in compliance with
personal data protection legislation. The personal data related to credit applications/relationships
recorded in a credit information system may be consulted via stepwise, selective access mechanisms
that shall envisage one or more consultation levels providing summary and/or condensed
information in respect of the data subject prior to allowing access to detailed information, which
shall also apply to the data concerning sureties and/or related entities as per paragraph 1. It shall not
be feasible, also from a technical standpoint, to access the data in a manner allowing bulk queries
and/or acquisition of lists of data regarding credit applications/relationships in respect of entities
other than those applying for and/or participating in a credit relationship with the relevant
participant.
4. Furthermore, it shall not be allowed for third parties to access a credit information system except
for the requests made by judicial and police authorities for purposes of justice, or else by other
public institutions, authorities, administrative agencies and bodies exclusively in the cases referred
to in laws, regulations and/or Community legislation as well as in compliance with the relevant
provisions. 169
Article 8
Access and Exercise of Other Rights by Data Subjects
1. With regard to the personal data recorded in a credit information system, data subjects shall be
entitled to exercise their rights in accordance with the mechanisms set out in the Code both in
respect of the manager and in respect of the participants that have communicated said data. The
latter entities shall be responsible for dealing promptly and in full with the relevant requests, also by
taking suitable organisational and technical measures.
2. In the request made to exercise his/her rights, a data subject shall also specify, if possible, his/her
taxation ID and/or VAT Register  number in order to facilitate  searching the data concerning
him/her in the credit information system.
3. Any third party that is empowered by the data subject in writing to act as an attorney or delegated
entity in order to exercise the relevant rights may only process the personal data acquired from a
credit information system for the purpose of protecting the data subject’s rights, any other purpose
sought by said third party and/or entities related to the latter being ruled out.
4. Any participant receiving a request whereby any of the rights referred to in Section 7 of the Code
is exercised in respect of the credit information recorded in a system shall answer directly under the
terms set out in Section 146(2) and (3) of the Code and shall have the data amended as required in
pursuance of Article 4(5). If the request is lodged with the manager, the latter shall also answer
directly under the same terms and consult with the participant if necessary.
5. Where it is necessary to carry out additional and/or specific controls with the participant, the
manager shall inform the data subject thereof within the fifteen-day term provided for in the Code
and set another term for the relevant answer, which may not be in excess of fifteen additional days.
During the period required to carry out the additional controls with the participant, the manager:
a) shall keep track of the performance of the  aforementioned controls in the credit information
system throughout the initial fifteen-day term, by  means of a specific code and/or an ad-hoc
message to be posted with the data that are the subject of the request made by the data subject, and
b) shall suspend display of the data that are being controlled in the credit information system
throughout the additional fifteen-day term.
6. If the request referred to in paragraph 4 concerns a complaint for non-performance against the
seller/provider of the goods or services that are the subject of the contract underlying the credit
relationship, the manager shall promptly record a notice to that effect in the credit information
system at the request of either the data subject or the participant, or else by informing the latter, via
a specific code to be posted with the data related to the credit relationship in question.
Article 9
Use of Automated Credit Scoring Techniques and Systems
1. Where the personal data contained in a credit information system are also processed by means of
automated credit scoring techniques and systems, the manager and participants shall be responsible
for ensuring compliance with the following principles: 170
a) the techniques or systems made available  by the manager, or else implemented on the
participants’ behalf, may only be used for investigating a credit application and/or managing the
credit relationships already set up;
b) the data concerning judgments, markers and/or scoring associated with a given data subject shall
be processed and communicated by the manager only to the participant that either has received the
relevant credit application from the data subject  or previously communicated data related to the
relevant credit application; at all events, the data may not be retained in the credit information
system pursuant to Article 6 of this code, nor may they be made available to the other participants;
c) statistical models and/or factors as well as the algorhythms used to calculate judgments, markers
and/or scoring shall be verified regularly at least on an annual basis and updated as a function of the
outcome of said verification;
d) where a credit application is not granted, the participant shall inform the data subject as to
whether it has consulted data related to negative judgments, markers and/or scoring that have been
obtained by means of automated credit scoring techniques and systems, in order to investigate said
credit application; if the data subject so requests, the participant shall provide him or her with the
data in question and explain both the logic underlying operation of the systems implemented and
the main factors that have been taken into account in processing the application.
Article 10
Processing Data from Public Sources
1. If the manager of a credit information system processes, whether directly or by the agency of
subsidiary and/or related companies, personal data from public registers, lists, records or publicly
available documents, in whatever manner, or if it provides participants with services to access the
data from said sources, manager and participants shall be responsible for ensuring compliance with
the principles reported below subject to the limitations and arrangements set out in the law as for
availability and publicity of the data in question as well as to the provisions referred to in Section
61(1) of the Code:
a) the personal data from public registers, lists, records or publicly available documents, if recorded,
must be contained in personal data banks that are separate from and not connected with the credit
information system;
b) if a participant accesses personal data contained both in a credit information system and in any of
the data banks referred to in letter a), the manager shall take suitable technical and organisational
measures to ensure that the data from the  credit information system can be separated and
distinguished from those originating from other data banks, also by adding appropriate notices, so
as to do away with any and all ambiguities as to the different nature and sources of the accessed
data;
c) if a credit application is not granted, the participant shall inform the data subject as to whether it
has also consulted negative data contained in the data banks as per letter a) in order to investigate
the credit application, and it shall specify the public source(s) of said data at the data subject’s
request. 171
Article 11
Data Security Measures
1. Any personal data that is processed within the framework of a credit information system shall be
confidential information and may not be disclosed to third parties except for the cases envisaged
both in the Code and in the above articles.
2. The natural persons that have been appointed by either the manager or the participants as data
processors or persons in charge of the processing may access the credit information system, shall
keep confidential the personal data acquired, and shall be liable for any breach of confidentiality
resulting from use of the data and/or disclosure of the data to third parties for purposes other than or
incompatible with those referred to in article 2 hereof, or anyhow for unlawful purposes.
3. Manager and participants shall take suitable  technical, logical, informational, procedural,
physical, and organisational measures to ensure security, integrity, and confidentiality of personal
data and electronic communications in line with personal data protection legislation.
4. The manager shall take adequate security measures to ensure  proper functioning of the credit
information system as well as access control.  Accesses shall be recorded and stored in the
information system by the manager as well as by all participants in the possession of a copy of the
relevant database.
5. As for compliance with the security, confidentiality, and secrecy obligations referred to herein,
manager and participants shall issue specific instructions in writing to the respective data processors
and persons in charge of the processing and shall ensure that said instructions are fully abided by
also by means of verifications carried out by suitable supervisory bodies.
Article 12
Sanctions
1. Without prejudice to such sanctions as are provided for by the administrative, civil, and criminal
laws in force, managers and participants shall jointly lay down, also by the agency of the
associations underwriting this code, suitable mechanisms to impose sanctions that are proportionate
to the seriousness of the relevant breaches, in particular as regards the trade associations
underwriting this code as well as the body referred to in Article 13(7), after informing the Garante
thereof. Such measures shall include an official warning, suspension  or withdrawal of the
authorisation to access the credit information system, and – in the most serious cases – publication
of the news concerning the breach(es) in one  or more dailies or magazines with nationwide
circulation at the offender’s expense.
Article 13
Transitional and Final Provisions 172
1. The measures required to implement this code of conduct and professional practice shall be
adopted by the entities required to abide by it within and no later than April 30, 2005.
2. Within the term set out in paragraph 1, the manager of the centralised system for low-level risk
assessment as set up by CICR’s resolution of May 3, 1999 (published in the Official Journal no. 158
of July 8, 1999) as well as the  respective participants shall take the necessary measures to
implement Articles 5 and 8, paragraphs 1, 2, 3, 4, and 5, first sentence, of this code concerning
provision of an information notice to data subjects and exercise of rights, which shall supplement
the requirements laid down in point 3 of the Banca d’Italia’s instructions (published in the Official
Journal no. 272 of November 21, 2000).
3. Within three months as of the term referred to in paragraph 1, participants shall provide the
information referred to in Article 5(1) and (2)  of this code in the context of the regular
communications sent to customers, where said  information is not included in the information
notices previously made available to any data subject whose personal data are already recorded in a
credit information system
4. In the initial implementing phase of the provisions referred to in Article 6(6), managers shall
reduce the retention period of personal data related to positive credit information to no longer than
thirty-six months, by June 30, 2005. The body referred to in Article 7 shall evaluate, by means of a
reasoned instrument, whether the experience gathered up to that time and the impact of the
measures envisaged in this code on data subjects’ rights are such as to justify the continued
application of the said thirty-six month term. The  latter shall be regarded as applicable further
unless the Garante provides otherwise either at the request of said body or of its own motion. By
January 31, 2006, the Garante shall  order publication in the Official Journal either of its own
provision or of a notice specifying the term to be complied with.
5. In order to allow verifying implementation of the provisions set out in this code, each manager
shall provide the Garante, by no later than two months as of expiry of the term referred to in
paragraph 1, in accordance with the arrangements referred to therein,
a) with a general description of the operation of the credit information system and the mechanisms
for the participants’ access thereto, in addition to its own identification data and contact details, so
as to allow assessing adequacy of the measures, including technical and organisational measures,
that have been taken to implement this code;
b) with the model contracts, agreements, conventions, regulations and/or instructions applying to
participants’ participation in and access to the credit information system, as regards the components
that are relevant to personal data protection and the implementation of this code, as well as with the
documentation concerning the measures that have been taken regarding data security,
confidentiality, and secrecy;
c) with the documents referred to in Articles 3(3) and (4), 5(4) and (5), and in paragraph 7 below.
6. The communications referred to in paragraph 4 shall be sent to the Garante, also after expiry of
the aforementioned term, by any data controller  acting in the capacity as manager of a credit
information system where said data controller intends to proceed with the processing of personal
data falling under the scope of application of this code. Managers shall notify the Garante of any
changes in previously sent communications and documents by no later than the end of the year in
which said changes took place. 173
7. The manager shall regularly verify, at least at yearly intervals, that the processing is lawful and
fair by checking that the data related to a suitable number of credit applications/relationships
selected on a sample basis are accurate and complete. Said controls shall be carried out by a body
including at least a representative from the manager, a representative from the participants to be
appointed on a rotational basis, and a representative from consumer associations to be appointed by
the National Consumers’ and Users’ Council. The minutes of the aforementioned controls shall be
transmitted to the Garante.
8. In order to supervise over compliance with the provisions set out herein, subject to the powers
provided for by the Code concerning investigations and controls, the Garante may agree with the
manager on performance of additional regular verifications at the premises where the personal data
are processed, including accesses – also on a sample basis – to the credit information system. The
Garante may carry out similar verifications to be agreed upon jointly in respect of the accesses by
participants.
9. The trade associations undersigning this code as well as the managers shall start co-operation
initiatives with consumer associations and the Garante in order to devise both operational solutions
to foster compliance with this code and alternative mechanisms to solve any disputes resulting from
the application of this code.
10. The Garante shall encourage regular reviews and upgrades of  this code in the light of
technological developments, the experience gathered in its application, and regulatory changes, also
if so requested by the trade associations undersigning this code.
Article 14
Entry into Force
1. This code shall apply as of January 1, 2005.  174
A.6 – CODE OF PRACTICE APPLYING TO THE PROCESSING OF PERSONAL DATA
PERFORMED WITH A VIEW TO DEFENCE INVESTIGATIONS
GARANTE PER LA PROTEZIONE DEI DATI PERSONALI
Code of Practice Applying to the Processing of Personal Data
 Performed with a View to Defence Investigations
Foreword
We, the entities mentioned hereinafter, undersign this Code of practice on the basis of the following
assumptions:
1. Several entities, in particular lawyers and trainee-lawyers included in the respective registers
and professional rolls as well as the entities carrying out authorised private detective
activities in pursuance of the law, make  use of personal data to perform defence
investigations in connection with criminal proceedings (under Act no. 397 dated 7
December 2000), or else in order to establish or defend a judicial claim. Use of such data is
indispensable to ensure full, effective protection of  the rights in question, with particular
regard to the right of defence and the right to  evidence; effective protection of both rights is
not jeopardised, in fact it is enhanced, by the principle whereby personal data must be
processed in compliance with the rights, fundamental freedoms and dignity of data subjects
as related, in particular, to confidentiality, personal identity, and the right to personal data
protection (see sections 1 and 2 of the DP Code);
2. Such specific adjustments and/or precautions as may be provided for by law and/or this code
of practice may not be applicable if the data are processed for purposes other than those laid
down in article 1 of this code;
3. Being aware of the paramount importance to be attached to the legitimate exercise of the
right of defence and the protection of professional secrecy, we, the aforementioned entities,
consider it necessary to take account of specific features of our professional activities with
particular regard to sensitive and/or judicial personal information. This is aimed at
highlighting the peculiarities inherent in  looking up, collecting, using and storing data,
statements and documents for defence purposes, in particular as related to judicial
proceedings, as well as at preventing such implementing uncertainties as have arisen from
time to time and have led ultimately to envisage useless safeguards that are not provided for
in any items of legislation – in fact, they are at times in conflict with standard operational
requirements. The paramount interest in the legitimate exercise of the right of defence must
be respected in all cases, including inspection activities; additionally, account must also be
taken of the constraints placed by law on the exercise of data subjects’ rights (section 7-9 of
the DP Code) with a view to safeguarding the right of defence;
4. Data processing for defence purposes contributes to a professional’s standing training and
gives rise to a set of legal practice precedents that has lasting significance – possibly to meet
defence requirements – well after expiry of the retainer and represents an instance of that
professional’s activity as well;
5. Legislation and implementing instruments already set forth safeguards and arrangements to
be complied with in order to protect the personal data that are processed to establish or
defend a judicial claim and/or to carry out defence investigations. The safeguards in
question – which do not apply to anonymous data – have already allowed clarifying, for
instance, under what conditions personal data may be collected without the person’s consent
and without providing specific information, and that those data may be used for defence 175
purposes in compliance with proportionality standards regardless of whether the relevant
civil or criminal proceeding has been instituted or not. Failure to comply with the safeguards
and arrangements mentioned above may entail  the ban on using the  processed data (see
section 11(2) of the DP Code). Reference can be made, in particular, to the following:
a. the information notice to be given to data subjects, which may fail to include any
items that are already known to the data subject and may be worded concisely and
informally as appropriate by taking account of the trust relationship established with
one’s customer and/or of the specific professional task; the information may also be
provided only verbally and once and for all by having regard to all the data collected
whether from the data subject or from third parties. It is permitted not to provide the
information notice in respect of the data collected from third parties if such data are
processed exclusively for as long as may  be necessary to establish or defend a
judicial claim or else for the purpose of defence investigations; it should be
considered that a data is not collected from the data subject if it results from a lawful
remote monitoring activity, in particular where such monitoring does not entail any
direct interaction with the data subject (see section 13(5)b. of the DP Code);
b. the consent to be obtained from data subjects, which is not required if the processing
is necessary to comply with legal obligations and/or the data at issue – including
sensitive data – are processed for defending a right also by means of defence
investigations. This applies to the data  that are processed in the course of a
proceeding – including administrative, arbitration and/or conciliation proceedings –,
the data processed in the preparatory phase prior to possibly instituting a proceeding
– also in order to check whether the right at issue can be actually defended in court –
and the data processed after the dispute is settled whether in or out of court.  If the
data are suitable for disclosing health or sex life, it is necessary to abide by the
principle whereby such data may be processed if the right to be protected –
irrespective of whether it arises from  unlawful activities or events – is not
“overridden by the data subject’s right, or else if it consists in a personal right or any
other fundamental, inviolable right or freedom” (section 24(1)f. and section 26(4)c.
of the DP Code; see general authorisations no. 2/2008, 4/2008 and 6/2008, and the
DPA’s decision dated 9 July 2003);
c. the right to access one’s personal data and exercise any other rights vested in data
subjects as for the processing of those data, which may be postponed under the law
for as long as such exercise might be specifically and tangibly prejudicial to the
performance of defence investigations and/or the establishment of judicial claims
(see section 8(2)e. of the DP Code);
d. cross-border transfers of the data where performed exclusively for the purposes of
defence investigations or anyhow in order  to establish or defend a judicial claim;
such transfers, providing they are performed for no longer than is absolutely
necessary, are not prohibited whether they are targeted to EU or non-EU countries
(see sections 42 and 43(1)e. of the DP Code);
e. notification of the processing, which is not required in respect of many processing
operations performed to establish or defend a judicial claim and/or to carry out
defence investigations (see section 37(1) of the DP Code, and the DPA’s decision
no. 1 dated 31 March 2004 including the explanatory note no. 9564/33365 dated 23
April 2004);
f. appointment of persons in charge of the processing and  data processors, if any,
taking account that one is allowed to avail himself/herself of entities that can
lawfully process the data at issue (colleagues, collaborators, partners, process agents,
alternates, experts, and consultants not acting in their capacity as data controllers: see
sections 29 and 30 of the DP Code); 176
g. specific data categories such as genetic data, which are already covered by certain
safeguards with particular regard to compliance with proportionality requirements,
security measures, information notices to  data subjects and provision of consent
(section 90 of the DP Code; see the DPA’s general authorisation dated 22 February
2007);
h. law informatics as per sections 51 and 52 of the DP Code, which is the subject of adhoc legal provisions setting out the appropriate precautions in order to protect data
subjects without jeopardising scientific and legal information;
i. use of public data and any other information contained in public registers, lists,
instruments and/or publicly available documents or else in databases, archives and
registers including the registry of births, marriages and deaths, whereby personal
information may be retrieved lawfully from such sources and reported in certificates
and statements that can be used for defence purposes;
6. Given the above scenario, this Code sets forth supplementary rules of conduct that make up
an essential precondition for the data to be processed both fairly and lawfully – even though
they produce no direct effects on disciplinary breaches. The Code in question is without
prejudice to the rules of professional practice and/or the decisions made in this connection
by the competent sector-related bodies, which remain enforceable as a separate, autonomous
set of determinations – in particular as for the Code of Practice of the Bar. On the other
hand, non-compliance with the latter Code may  be relevant with a view to assessing
lawfulness and fairness in the processing of personal data;
7. Data protection is supported by additional principles that are already enshrined in the
Criminal Procedure Code as well as in the Code of Practice of the Bar – in particular as for
confidentiality and secrecy obligations also vis-à-vis former clients; the disclosure of
information that is confidential and/or subject to professional secrecy; disclosure of clients’
names; recording of conversations between lawyers; and correspondence between
colleagues. Other rules of conduct set forth by the Union of Italy’s Criminal Lawyers and/or
other signatory bodies of this Code are also helpful in this regard.
Chapter I – General Principles
Article 1 – Scope
1. The provisions of this code must be complied with by the following entities in processing
personal data to carry out defence investigations and/or to establish or defend a judicial
claim whether during a proceeding – including administrative, arbitration and conciliation
proceedings – or in the preparatory phase prior to instituting a proceeding, or else upon
conclusion of a proceeding:
a. Lawyers and/or trainee lawyers included in district rolls and/or the relevant registers,
sections and lists whether working alone  or as a law firm or partnership and
providing in-court and out-of-court assistance and/or advisory services, whether
based on a retainer or not,  also by means of collaborators and employees; foreign
lawyers practising in the State’s territory in compliance with the law;
b. Entities carrying out private investigation  activities also when hired by defence
counsel (see general authorisation no. 6/2007, point 2) – under the terms of section
134 of Royal decree no. 773 dated 18 June 1931 and section 222 of the co-ordination
provisions applying to the Criminal Procedure Code.
2. The provisions set forth in this Code shall also apply to any entity processing personal data
for the purposes mentioned in paragraph 1, in particular to any other self-employed 177
professionals and/or any other entities providing assistance and/or advisory services for the
same purposes in compliance with the law, based on an ad-hoc appointment.
Chapter II – Processing Operations by Lawyers
Article 2 – Processing Arrangements
1. A lawyer shall make such arrangements in processing personal data, also without automated
means, as are found to be appropriate, on a case  by case basis, to foster actual respect for
data subjects’ rights, freedoms and dignity; in so doing, the purpose limitation, data
minimization, and non-excessiveness principles  shall have to be applied, the envisaged
safeguards shall have to be assessed as to their substance rather than their form, and the
quality and amount of the information to be processed shall have to be taken into account
along with the possible risks.
2. Any decisions on the issues mentioned in paragraph 1 shall be made by the data controller,
who shall consist – depending on the specific circumstances – in
a. The given professional;
b. Several professionals whether acting as joint defence counsel for the same client or
involved in the relevant professional activity in their capacity as advisors and/or
service agents, also without being appointed as defence counsel;
c. An association or partnership among professionals.
3. Within the framework of the appropriate instructions to be given in writing to the persons in
charge of the processing, who must be appointed, as well as to the data processors, who may
be appointed on an optional basis (see sections 29 and 30 of the DP code), specific guidance
shall be provided on the arrangements to be complied with by the said entities; account shall
be taken in this connection of the role vested in each entity - i.e. as a deputy barrister,
practising or non-practising trainee lawyer, party-appointed expert, court-appointed expert,
private detective and/or as an entity not acting in their capacity as separate data controllers,
or else as a trainee, intern, or person in charge for administrative collaboration.
4. Specific attention shall be paid to the adoption of suitable precautions to prevent data from
being collected, used or disclosed without justification if
a. Highly confidential items of information, data and/or documents are acquired,
including where such information, data and documents may entail specific risks to
data subjects;
b. Correspondence is exchanged, in particular via electronic networks;
c. Professionals in a law firm carry out activities in respect of their own client portfolio;
d. Any data is used whose lawfulness is questionable, partly because of the use of
invasive techniques;
e. Data contained in specific devices and/or media, in particular electronic media
(including audiovisual recordings), and/or in specific documents (telephone and
Internet traffic data records, technical  and experts’ reports, reports by private
detectives) are used and destroyed;
f. Records are kept but not used in a proceeding, and database queries are performed
for internal purposes, in particular if  those databases can be accessed also via
electronic networks from offices of the  same data controller that are located
elsewhere;
g. Data and/or documents are acquired from third parties after checking that one has the
right to obtain such data and documents;
h. Records are kept that relate to cases already dealt with. 178
5. If a data is processed to exercise the right of defence  before a judicial authority, this may
take place prior to instituting the relevant  proceeding on condition the data in question is
strictly functional to exercising the right of defence and the  principles of proportionality,
relevance, completeness and non-excessiveness are complied with by having regard to the
defence purposes (see section 11 of the DP Code).
6. The following data are used lawfully and fairly:
a. The personal data contained  in public registers, lists, rolls, records or publicly
available documents as well as in databases, archives and lists including the register
of births, marriages and deaths; personal information may be lawfully retrieved from
the said repositories and reported in certifications and statements that may be used
for defence purposes;
b. Records, notes, statements and information acquired in connection with defence
investigations, in particular under sections 391-bis, 391-ter and 391-quater of the
Criminal Procedure Code, whereby any requests for copies thereof shall not be
granted without justification. Should it happen that any data is collected that is
excessive and irrelevant vis-à-vis the  defence purposes, also when acquiring
statements and information in pursuance of the said sections 391-bis, 391-ter and
391-quater of the Criminal Procedure Code, that data shall belong with any other
data collected as above if it cannot be extracted and/or destroyed.
Article 3 – Single Information Notice
1. A lawyer may provide an information notice on the processing of  personal data (under
section 13 of the DP Code) in one with the information he/she is required to disclose in
pursuance of defence investigation legislation – e.g. by posting them in the premises of the
law firm and/or on the respective website, where available; the information may also be
worded concisely and informally.
Article 4 – Data Retention and Erasure
1. The fact that a proceeding pending before a judicial authority is concluded and/or the given
assignment has been fulfilled does not entail that the data are to be disposed of. Once the
proceeding is extinguished and/or the relevant retainer expires, any records and/or
documents concerning the subject matter of the defence and/or defence investigations may
be kept – either as originals or in copies – also in electronic format, if this is found to be
necessary by having regard to foreseeable, additional defence requirements applying to the
relevant client and/or data controller. This is without prejudice to use of the data in question
in anonymous format for scientific purposes. The relevant assessment shall be carried out by
having regard to the type of data. Where the data are to be retained to comply with legal
obligations including taxation and the fight against crime, only such personal data as is
actually necessary to comply with the said obligations shall be retained.
2. Without prejudice to the provisions set forth in the Code of Practice of the Bar as for
returning the original documents to one’s client, and unless provided otherwise by the law, it
shall be allowed to destroy, erase or deliver the full documents contained in past case files
and the respective copies to the person entitled thereto and/or to the latter’s heirs and
assigns, on condition the relevant client is notified thereof beforehand.
3. Should the power of attorney and/or the retainer be withdrawn or waived, such documents
as have been acquired shall be provided to  the supervening defence counsel in original
format, if this is the format in which they are kept. 179
4. Controllership in respect of the processing shall not be terminated merely because of the
suspension and/or termination of one’s professional activity. In case of termination also due
to supervening impediments, and if no substitute defence counsel is available in respect of
the given case, the documents related to past case files shall be delivered to the relevant
Council – after expiry of a suitable period following communication to one’s client – so that
they can be kept for defence purposes.
Article 5 – Data Communication and Dissemination
1. As for relationships with the  press and third parties, non-confidential information may be
provided if this is necessary to safeguard one’s client – regardless of whether this has been
agreed upon with the said client – in compliance with the principles of purpose limitation,
lawfulness, fairness, data minimization, relevance and non-excessiveness as per Section 11
of the DP Code as well as by respecting the data subject’s and third parties’ rights and
dignity, any prohibitions set forth in the law, and the Code of practice of the Bar.
Article 6 – Inquiries Concerning Documents Held by Defence Counsel
1. Whenever a lawyer is subject to inquiries and inspections, he/she shall be entitled – under
section 159(3) of the DP Code – to arrange for the Chair of the competent Bar Council
and/or a member of the Council acting on the  Chair’s behalf to attend. If the Chair is
attending and so requests, a copy of the relevant order shall be delivered to him/her.
2. As for the requests to access or obtain communication of traffic data related to incoming
phone calls under section 8(2)f. and section 24(1)f. of the DP Code, a lawyer shall certify to
the provider of publicly available electronic  communications services that the failure to
obtain the said data will be actually and tangibly prejudicial to the performance of defence
investigations; in doing so, he need not mention the case file number allocated to the given
criminal proceeding.
Chapter III – Processing by Other Self-Employed Professionals and Other Entities
Article 7 – Application of Provisions Concerning Lawyers
1. The provisions set forth in Articles 2 and 5 shall apply to the following entities without
prejudice to what is applicable by law exclusively to lawyers:
a. Self-employed professionals providing advisory and assistance services to establish
or defend a judicial claim and/or to carry out defence investigations whether after
being entrusted therewith  by a lawyer and/or jointly with a lawyer and/or in the
cases and to the extent permitted by the law;
b. Any other entities mentioned in Article 1(2) subject to what is manifestly
incompatible with the individual entity and/or the function discharged by the said
entity.
Chapter IV – Processing by Private Detectives
Article 8 – Processing Mechanisms
1. A private detective shall arrange for the processing of personal data, whether automated or
not, to be compliant with the requirements laid down in Article 2(1).
2. A private detective may not undertake investigations, surveys and any other type of data
collection on their own initiative. The said activities may only be carried out if the detective
has been hired on purpose via a written agreement and they may only be aimed at the
purposes mentioned in this Code. 180
3. The hiring agreement must refer specifically to the right to be established before a judicial
authority, or else the criminal proceeding the investigation relates to, along with the main
factual elements accounting for the said investigation and the reasonable deadline for
concluding the investigation.
4. A private detective shall discharge the task committed to him/her in person by only availing
himself/herself of such additional detectives as are referred to individually in the hiring
agreement; the names of the said additional detectives may be appended subsequently to the
agreement if this option is envisaged therein. The provisions applying to the processing of
sensitive data as set forth in the Garante’s authorisations shall be left unprejudiced.
5. Where a private detective avails himself/herself of in-house staff as either data processors or
persons in charge of the processing pursuant to sections 29 and 30 of the DP Code, he/she
shall issue specific instructions on the arrangements to be abided by and supervise – at least
on a weekly basis – that the applicable laws and instructions are complied with.
6. The defence counsel and/or the hiring entity must be informed regularly on the progress
made with the investigations; this is also meant to allow them to timely assess what
decisions to make in respect of establishing the judicial claim and/or exercising the right to
evidence.
Article 9 – Other Rules of Conduct
1. A private detective shall refrain from any practices that  fail to conform with legal
obligations and constraints; in particular, a private detective shall ensure that the following
are in line with the lawfulness and fairness standards laid down in the DP Code:
a. Acquisition of personal data from other data controllers, including browsing of such
data, whereby it shall  be verified that one is entitled to obtain the data in question;
b. Deployment of lawful monitoring activities, especially remote monitoring, and
video/audio recording;
c. Collection of biometric data.
2. A private detective shall comply with the provisions set forth in Article 2(4) to (6) of this
Code when processing data.
Article 10 – Data Retention and Erasure
1. Under the terms of section 11(1)e. of the DP Code, any personal data that is processed by a
private detective may be kept for no longer than is absolutely necessary to discharge the task
committed. To that end, it shall be necessary to continuously verify that the data are closely
relevant, not excessive and indispensable by having regard to the purposes sought and the
task committed as above; regular controls may be carried out for this purpose.
2. Upon completion of the specific investigation, the processing must be discontinued in all
respects except for the immediate communication of the data to the defence counsel and/or
the hiring entity; the latter may allow – also via a specific assignment – that closely personal
items related to the entities that have dealt  with the relevant activities be retained, on a
provisional basis, exclusively in order to provide proof that their conduct was lawful and
fair. If the processing has been challenged, the defence counsel and/or the hiring entity may
also provide the detective with such items as are required to provide proof that their conduct
was lawful and fair – for no longer than this is absolutely necessary.
3. The fact that the proceeding underlying the given investigation is as yet pending, or that the
case was brought before a higher-instance court pending the final judgment, does not
represent in itself a valid justification for the private detective to retain the data. 181
Article 11 – Information Notice
1. A private detective may provide the information notice at a single juncture in pursuance of
Article 3 hereof by highlighting the detective’s identity and professional capacity as well as
the circumstance that the data are provided on an optional basis.
Chapter V – Final Provisions
Article 12 – Monitoring Implementation of the Code
1. Under section 135 of the DP Code, the signatories to this code shall undertake collaboration
initiatives to regularly monitor its implementation also with a view to making such
adjustments as may be appropriate in the light of technological developments, experience
and/or regulatory changes.
Article 13 – Entry into Force
1. This code shall apply as from 1 January 2009.  182
TECHNICAL SPECIFICATIONS CONCERNING MINIMUM SECURITY
MEASURES   (ANNEX B)
(see Sections 33 to 36 of the Code)
PROCESSING BY ELECTRONIC MEANS
The following technical arrangements to be implemented by the data controller, data processor – if
nominated – and person(s) in charge of the processing whenever data are processed by electronic
means:
Computerised Authentication System
1. Persons in charge of the processing shall be allowed to process personal data by electronic means
if they are provided with authentication credentials such as to successfully complete an
authentication procedure relating either to a specific processing operation or to a set of processing
operations.
2. Authentication credentials shall consist in an ID code for the person in charge of the processing
as associated with a secret password that shall only be known to the latter person; alternatively, they
shall consist in an authentication device that shall be used and held exclusively by the person in
charge of the processing and may be associated with either an ID code or a password, or else in a
biometric feature that relates to the person in charge of the processing and may be associated with
either an ID code or a password.
3. One or more authentication credentials shall be  assigned to or associated with each person in
charge of the processing.
4. The instructions provided to the persons in charge of the processing shall lay down the obligation
to take such precautions as may be necessary to  ensure that the confidential component(s) in the
credentials are kept secret and that the devices used and held exclusively by persons in charge of the
processing are kept with due care.
5. Where provided for by the relevant authentication system, a password shall consist of at least
eight characters; if this is not allowed by the electronic equipment, a password shall consist of the
maximum permitted number of characters. It shall not contain any item that can be easily related to
the person in charge of the processing and shall be modified by the latter when it is first used as
well as at least every six months thereafter. If sensitive or judicial data are processed, the password
shall be modified at least every three months.
6. An ID code, if used, may not be assigned to another person in charge of the processing even at a
different time.
7. Authentication credentials shall be de-activated if they have not been used for at least six months,
except for those that have been authorised exclusively for technical management purposes.
8. Authentication credentials shall be also de-activated if the person in charge of the processing is
disqualified from accessing personal data. 183
9. The persons in charge of the processing shall be instructed to the effect that electronic equipment
should not be left unattended and made accessible during processing sessions.
10. Where data and electronic equipment may only be accessed by using the confidential
component(s) of the authentication credential, appropriate instructions shall be given in advance, in
writing, to clearly specify the mechanisms by which the data controller can ensure that data or
electronic equipment are available in case the person in charge of the processing is either absent or
unavailable for a long time and it  is indispensable to  carry out certain activities without further
delay exclusively for purposes related to system operationality and security. In this case, copies of
the credentials shall be kept in such a way as  to ensure their confidentiality by specifying, in
writing, the entities in charge of  keeping such credentials. Said entities shall have to inform the
person in charge of the processing, without delay, as to the activities carried out.
11. The provisions concerning the authentication system referred to  above as well as those
concerning the authorisation system shall not apply to the processing of personal data that are
intended for dissemination.
Authorisation System
12. Where authorisation profiles with different scope have been set out for the persons in charge of
the processing, an authorisation system shall be used.
13. Authorisation profiles for each person or  homogeneous set of persons in charge of the
processing shall be set out and configured prior to start of the processing in such a way as to only
enable access to the data that are necessary to perform processing operations.
14. It shall be regularly verified, at least at yearly intervals, that the prerequisites for retaining the
relevant authorisation profiles still apply.
Other Security Measures
15. Within the framework of the regular update – to be performed at least at yearly intervals – of the
specifications concerning the scope of the processing operations that are entrusted to the individual
persons in charge of the processing as well as to the technicians responsible for management and/or
maintenance of electronic equipment, the list of the persons in charge of the processing may also be
drawn up by homogeneous categories of task and corresponding authorisation profile.
16. Personal data shall be protected against the risk of intrusion and the effects of programmes as
per Section 615-quinquies of the Criminal Code by implementing suitable electronic means to be
updated at least every six months.
17. The regular update of computer programmes as aimed at preventing vulnerability and removing
flaws of electronic means shall be carried out at least annually. If sensitive or judicial data are
processed, such update shall be carried out at least every six months.
18. Organisational and technical instructions shall be issued such as to require at least weekly data
back-ups. 184
Security Policy Document
19. By 31 March of each year, the controller of processing operations concerning sensitive and/or
judicial data shall draw up, also by the agency of the data processor, if nominated, a security policy
document containing appropriate information with regard to:
19.1 the list of processing operations concerning personal data,
19.2 the distribution of tasks and responsibilities  among the departments/divisions in charge of
processing data,
19.3 an analysis of the risks applying to the data,
19.4 the measures to be taken in order to ensure data integrity and availability as well as protection
of areas and premises insofar as they are relevant for the purpose of keeping and accessing such
data,
19.5 a description of the criteria and mechanisms to restore data availability following destruction
and/or damage as per point 23 below,
19.6 a schedule of training activities concerning the persons in charge of the processing with a view
to informing them on the risks applying to the data, the measures that are available to prevent
harmful events, the most important features of  personal data protection legislation in connection
with the relevant activities, the resulting liability and the arrangements to get updated information
on the minimum security measures adopted by the data controller. Said training activities shall be
planned as of the start of the employment relationship as well as in connection with changes in the
task(s) discharged and/or the implementation of new, significant means that are relevant to the
processing of personal data,
19.7 a description of the criteria to be implemented in order to  ensure adoption of the minimum
security measures whenever processing operations  concerning personal data are externalised in
accordance with the Code,
19.8 as for the personal data disclosing health and sex life referred to under point 24, the
specification of the criteria to be implemented in order to either encrypt such data or keep them
separate from other personal data concerning the same data subject.
Additional Measures Applying to Processing of Sensitive or Judicial Data
20. Sensitive or judicial data shall be protected against unauthorised access as per Section 615-ter of
the Criminal Code by implementing suitable electronic means.
21. Organisational and technical instructions shall be issued with regard to keeping and using the
removable media on which the data are stored  in order to prevent unauthorised access and
processing.
22. The removable media containing sensitive or judicial data shall be destroyed or made unusable
if they are not used; alternatively, they may be re-used by other persons in charge of the processing,
who are not authorised to process the same data, if the information previously contained in them is
not intelligible and cannot be re-constructed by any technical means.
23. If either the data or electronic means have been damaged, suitable measures shall be adopted to
ensure that data access is restored within a specific deadline, which must be compatible with data
subjects’ rights and not in excess of seven days.  185
24. Health care bodies and  professionals shall process data  disclosing health  and sex life as
contained in lists, registers or data banks in accordance with the mechanisms referred to in Section
22(6) of the Code also in order to ensure that said data are processed separately from the other
personal data allowing data subjects to be identified directly. Data concerning genetic identity shall
only be processed in protected premises that may only be accessed by such persons in charge of the
processing and entities as have been specifically authorised to access them. Containers equipped
with locks or equivalent devices shall have to be used in order to remove the data outside the
premises reserved for their processing; the data shall have to be encrypted for the purpose of
electronically transferring them.
Safeguards and Protections
25. Where a data controller adopts minimum security measures by committing the relevant tasks to
external entities, prior to implementing such measures he or  she shall require the installing
technician(s) to supply a written description of the activities performed by which it is certified that
they are compliant with the provisions set out in these technical specifications.
26. The circumstance that the security policy document has been drawn up and/or updated shall be
referred to in the management report that the data controller may be required to submit together
with the relevant balance sheet.
PROCESSING WITHOUT ELECTRONIC MEANS
The following technical arrangements to be implemented by the data controller, data processor – if
nominated – and person(s) in charge of the processing whenever data are processed without
electronic means:
27. The persons in charge of the processing shall be instructed in writing with regard to controlling
and keeping, throughout the steps required to  perform processing operations, records and
documents containing personal data. Within the framework of the regular update – to be performed
at least at yearly intervals – of the specifications concerning the scope of the processing operations
that are entrusted to the individual persons in charge of the processing, the list of the persons in
charge of the processing may also be drawn up by homogeneous categories of task and
corresponding authorisation profile.
28. If records and documents containing sensitive or judicial personal data are entrusted to the
persons in charge of the processing for the latter to discharge the relevant tasks, said records and
documents shall be kept and controlled by the persons in charge of the processing until they are
returned so as to prevent unauthorised entities from accessing them; they shall be returned once the
relevant tasks have been discharged.
29. Access to archives containing sensitive or judicial data shall be  controlled. The persons
authorised to access said archives for whatever purpose after closing time shall be identified and
registered. If an archive is not equipped with electronic devices for access control or is not placed
under the surveillance of security staff, the persons accessing said archive shall have to be
authorised in advance.
 
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