PERSONAL DATA PROTECTION CODE

Legislative Decree no. 196 of 30 June 2003

 

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;

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);

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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:

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;

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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.