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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 , 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, ISSUESthe following legislative decree: PART 1 GENERAL PROVISIONSTITLE I GENERAL PRINCIPLESSection 1(Right to the Protection of Personal Data)1.Everyone has the right to protection of the personal data concerning him or her. 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.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. 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.2.14 of 3 February 2003, setting out provisions to ensure compliance with obligations related to Italys 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.Section 1 (Right to the Protection of Personal Data)Section 2 (Purposes)Section 3 (Data Minimisation Principle)Section 4 (Definitions)Section 5 (Subject-Matter and Scope of Application)Section 6 (Regulations Applying to Processing Operations)CHAPTER I RULES APPLYING TO ALL PROCESSING OPERATIONSSection 11 (Processing Arrangements and Data Quality)Section 12 (Codes of Conduct and Professional Practice)Section 13 (Information to Data Subjects)Section 14 (Profiling of Data Subjects and Their Personality)Section 15 (Damage Caused on Account of the Processing)Section 16 (Termination of Processing Operations)Section 17 (Processing Operations Carrying Specific Risks)CHAPTER II ADDITIONAL RULES APPLYING TO PUBLIC BODIESSection 18 (Principles Applying to All Processing Operations Performed by Public Bodies Section 19 (Principles Applying to the Processing of Data Other Than Sensitive and Judicial Data)Section 20 (Principles Applying to the Processing of Sensitive Data) Section 21 (Principles Applying to the Processing of Judicial Data) Section 22 (Principles Applying to the Processing of Sensitive Data as well as to Judicial Data)CHAPTER III ADDITIONAL RULES APPLYING TO PRIVATE BODIES AND PROFIT-SEEKING PUBLIC BODIESSection 23 (Consent)Section 24 (Cases in Which No Consent Is Required for Processing Data)Section 25 (Bans on Communication and Dissemination)Section 26 (Safeguards Applying to Sensitive Data)Section 27 (Safeguards Applying to Judicial Data)CHAPTER I SECURITY MEASURESSection 31 (Security Requirements)Section 32 (Specific Categories of Data Controller)CHAPTER II MINIMUM SECURITY MEASURESSection 33 (Minimum Security Measures)Section 34 (Processing by Electronic Means)Section 35 (Processing without Electronic Means)Section 36 (Upgrading)CHAPTER I IN GENERALSection 46 (Data Controllers)Section 47 (Processing Operations for Purposes of Justice)Section 48 (Data Banks of Judicial Offices)Section 49 (Implementing Provisions)CHAPTER II CHILDRENSection 50 (Reports or Images Concerning Underage Persons)CHAPTER III LEGAL INFORMATION SERVICESSection 51 (General Principles)Section 52 (Information Identifying Data Subjects)CHAPTER I IN GENERALSection 53 (Scope of Application and Data Controllers)Section 54 (Processing Mechanisms and Data Flows)Section 55 (Specific Technology)Section 56 (Safeguards for Data Subjects)Section 57 (Implementing Provisions)CHAPTER I ACCESS TO ADMINISTRATIVE RECORDSSection 59 (Access to Administrative Records)Section 60 (Data Disclosing Health and Sex Life)CHAPTER II PUBLIC REGISTERS AND PROFESSIONAL REGISTERSSection 61 (Use of Public Information)CHAPTER III REGISTERS OF BIRTHS, DEATHS AND MARRIAGES, CENSUS REGISTERS AND ELECTORAL LISTSSection 62 (Sensitive and Judicial Data)Section 63 (Interrogation of Records)CHAPTER IV PURPOSES IN THE SUBSTANTIAL PUBLIC INTERESTSection 64 (Citizenship, Immigration and Alien Status)Section 65 (Political Rights and Public Disclosure of the Activities of Certain Bodies)Section 66 (Taxation and Customs Matters)Section 67 (Auditing and Controls)Section 68 (Grants and Certifications)Section 69 (Honours, Rewards and Incorporation)Section 70 (Voluntary Organisations and Conscientious Objection)Section 71 (Imposition of Sanctions and Precautionary Measures)Section 72 (Relationships with Religious Denominations)Section 73 (Other Purposes Related to Administrative and Social Matters)CHAPTER V SPECIFIC PERMITSSection 74 (Car Permits and Access to Town Centres)CHAPTER I IN GENERALSection 75 (Scope of Application)Section 76 (Health Care Professionals and Public Health Care Bodies)CHAPTER II SIMPLIFIED ARRANGEMENTS CONCERNING INFORMATION AND CONSENTSection 77 (Simplification)Section 78 (Information Provided by General Practitioners and Paediatricians)Section 79 (Information Provided by Health Care Bodies)Section 80 (Information Provided by Other Public Bodies)Section 81 (Providing Ones Consent)Section 82 (Emergency and Protection of Health and Bodily Integrity)Section 83 (Other Provisions to Ensure Respect for Data Subjects Rights)Section 84 (Data Communication to Data Subjects)CHAPTER III PURPOSES IN THE SUBSTANTIAL PUBLIC INTERESTSection 85 (Tasks of the National Health Service)Section 86 (Other Purposes in the Substantial Public Interest)CHAPTER IV MEDICAL PRESCRIPTIONSSection 87 (Drugs Paid for by the National Health Service) Section 88 (Drugs Not Paid for by the National Health Service)Section 89 (Special Cases)CHAPTER V GENETIC DATASection 90 (Processing of Genetic Data and Bone Marrow Donors)CHAPTER VI MISCELLANEOUS PROVISIONSSection 91 (Data Processed by Means of Cards)Section 92 (Clinical Records)Section 93 (Certificate of Attendance at Birth)Section 94 (Data Banks, Registers and Filing Systems in the Health Care Sector)Section 98 (Purposes in the Substantial Public Interest)Section 99 (Compatibility between Purposes and Duration of Processing)Section 100 (Data Concerning Studies and Researches)CHAPTER II PROCESSING FOR HISTORICAL PURPOSESSection 101 (Processing Arrangements)Section 102 (Code of Conduct and Professional Practice)Section 103 (Interrogating Documents Kept in Archives)CHAPTER III PROCESSING FOR STATISTICAL OR SCIENTIFIC PURPOSESSection 104 (Scope of Application and Identification Data for Statistical or Scientific Purposes)Section 105 (Processing Arrangements)Section 106 (Codes of Conduct and Professional Practice)Section 107 (Processing of Sensitive Data)Section 108 (National Statistical System)Section 109 (Statistical Data Concerning Birth Events)Section 110 (Medical, Biomedical and Epidemiological Research)CHAPTER I IN GENERALSection 111 (Code of Conduct and Professional Practice)Section 112 (Purposes in the Substantial Public Interest)CHAPTER II JOB ADS AND EMPLOYEE DATASection 113 (Data Collection and Relevance)CHAPTER III BAN ON DISTANCE MONITORING AND TELEWORKSection 114 (Distance Monitoring)Section 115 (Telework and Home-Based Work)CHAPTER IV ASSISTANCE BOARDS AND SOCIAL WORKSection 116 (Availability of Data under the Terms Agreed upon with Data Subjects)CHAPTER I INFORMATION SYSTEMSSection 117 (Reliability and Timeliness in Payment-Related Matters)Section 118 (Commercial Information)Section 119 (Data Concerning Payment of Debts)Section 120 (Car Accidents)CHAPTER I ELECTRONIC COMMUNICATION SERVICESSection 121 (Services Concerned)Section 122 (Information Collected with Regard to Subscribers or Users)Section 123 (Traffic Data)Section 124 (Itemised Billing)Section 125 (Calling Line Identification)Section 126 (Location Data)Section 127 (Nuisance and Emergency Calls)Section 128 (Automatic Call Forwarding)Section 129 (Directories of Subscribers)Section 130 (Unsolicited Communications)Section 131 (Information Provided to Subscribers and Users)Section 132 (Traffic Data Retention for Other Purposes)CHAPTER II INTERNET AND ELECTRONIC NETWORKSSection 133 (Code of Conduct and Professional Practice)CHAPTER III VIDEO SURVEILLANCESection 134 (Code of Conduct and Professional Practice)CHAPTER I IN GENERALSection 136 (Journalistic Purposes and Other Intellectual Works)Section 137 (Applicable Provisions)Section 138 (Professional Secrecy)CHAPTER II CODE OF PRACTICESection 139 (Code of Practice Applying to Journalistic Activities)CHAPTER I REMEDIES AVAILABLE TO DATA SUBJECTS BEFORE THE GARANTEI GENERAL PRINCIPLESSection 141 (Available Remedies)II ADMINISTRATIVE REMEDIESSection 142 (Lodging a Claim)Section 143 (Handling a Claim)Section 144 (Reports)III NON-JUDICIAL REMEDIESSection 145 (Complaints)Section 146 (Prior Request to Data Controller or Processor)Section 147 (Lodging a Complaint)Section 148 (Inadmissible Complaints)Section 149 (Handling a Complaint)Section 150 (Measures Taken Following a Complaint)Section 151 (Challenging)CHAPTER II JUDICIAL REMEDIESSection 152 (Judicial Authorities)CHAPTER I THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALISection 153 (The Garante)Section 154 (Tasks)CHAPTER II - THE GARANTE'S OFFICESection 155 (Applicable Principles)Section 156 (Permanent and Other Staff)CHAPTER III - INQUIRIES AND CONTROLSSection 157 (Request for Information and Production of Documents)Section 158 (Inquiries)Section 159 (Arrangements)Section 160 (Specific Inquiries)CHAPTER I - BREACH OF ADMINISTRATIVE RULESSection 161 (Providing No or Inadequate Information to Data Subjects)Section 162 (Other Types of Non-Compliance)Section 163 (Submitting No or an Incomplete Notification)Section 164 (Failure to Provide Information or Produce Documents to the Garante)Section 165 (Publication of Provisions by the Garante)Section 166 (Implementing Procedure)CHAPTER II - CRIMINAL OFFENCESSection 167 (Unlawful Data Processing)Section 168 (Untrue Declarations and Notifications Submitted to the Garante)Section 169 (Security Measures)Section 170 (Failure to Comply with Provisions Issued by the Garante)Section 171 (Other Offences)Section 172 (Additional Punishments)CHAPTER I - AMENDMENTSSection 173 (Convention Implementing the Schengen Agreement)Section 174 (Service of Process and Judicial Sales)Section 175 (Police)Section 176 (Public Bodies)Section 177 (Census Registers, Registers of Births, Deaths and Marriages, and Electoral Lists)Section 178 (Provisions Concerning the Health Care Sector)Section 179 (Other Amendments)CHAPTER II - TRANSITIONAL PROVISIONSSection 180 (Security Measures)Section 181 (Other Transitional Provisions)Section 182 (Office of the Garante)CHAPTER III - REPEALSSection 183 (Repealed Provisions)CHAPTER IV - FINAL PROVISIONSSection 184 (Transposition of European Directives)Section 185 (Annexed Codes of Conducts and Professional Practice) Section 186 (Entry into Force)A.1 Processing of personal data in the exercise the exercise of journalistic activities A.2 Processing of personal data for historical purposes A.3 Processing of personal data for statistical purposes within the framework of the SI. 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. [National Statistical System]THE PRESIDENT OF THE REPUBLICHAVING REGARD to Articles 76 and 87 in the Constitution, HAVING REGARD to Section 1 of Act no.
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. 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 provisions concerning liability and security referred to in Sections 15 and 31 shall apply in any case.
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.
675 of 31 December 1996.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;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 recipients terminal equipment until it is collected by the recipient.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 partys authorisation profile.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.