Privacy statement LAW 675/96 Protection of persons and other subjects regarding the processing of personal data Chapter I - GENERAL PRINCIPLES Article 1 .- Purpose and definitions. This law ensures that the processing of personal data will be respect for human rights, fundamental freedoms and dignity of individuals, with particular reference to privacy and personal identity; also guarantees the rights of legal persons and any other corporation or association. For the purposes of this Act means: per-database-any set of personal data, divided into one or more units located in one or more sites, organized according to a number of principles that are easy to follow;-to-treatment any operation or set of operations carried out with or without the aid of electronic or automated means, concerning the collection, recording, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, erasure and destruction of data, for-personal-any information concerning a natural person, legal person, corporation or association, identified or identifiable even indirectly, by reference to any other information, including a personal identification number, owner-to-the individual, legal person, public administration or any other body, association or organization responsible for decisions regarding the purposes and methods of processing of personal data, including the security profile, for-the-responsible individual, legal person, public administration or any other organization, association or body appointed by the owner to process personal data for affected- - natural person, legal person, body or association to whom the personal data refer, for-communication-giving knowledge of personal data to one or more subjects other than the, in any form, even their provision or consultation for diffusion-giving knowledge of personal data to unidentified entities, in any form, including by making available for consultation, for-the-anonymous data as originally or following processing can not be associated with an identified or identifiable per-block-storage of personal data by temporarily suspending any other processing operation;-for-Guarantor authority established under Article 30. Article 2 - Scope This law applies to the processing of personal data carried out by anyone in the State. Art. 3 - Treatment of data for exclusively personal The processing of personal data by individuals for personal purposes is not subject to the application of this law, provided that the data are not intended for systematic communication or dissemination. To the treatment referred to in paragraph 1 shall apply in all cases the provisions for the security of the data referred to in Article 15 and the provisions of Articles 18 and 36. Art. 4 - Details of treatment in public 1. This law does not apply to the processing of personal data: the Data Processing Centre referred to in Article 8 of Law 1. April 1981, No 121, as amended by Article 43, paragraph 1 of this Law, or for data to flow under the law, and by virtue of the Accession to the Convention implementing the Schengen Agreement, implemented by law 30 September 1993 388; bodies referred to in Articles 3, 4 and 6 of Law October 24, 1977, No 801, or on the data covered by state secrecy under Article 12 of the Act, as part of the judicial service under Title IV of Book X of the Code of Criminal Procedure and the Royal Decree of June 18, 1931, n . 778, as amended, or under the law, in the service of charges pending in criminal matters pursuant to Article 371-bis, paragraph 3 of the Code of Criminal Procedure or, for reasons of justice, in 'scope of judicial offices, the Superior Council of Magistracy and the Ministry of Justice, other public bodies for purposes of defense or state security or the prevention, detection and prosecution of crimes, according to the express provisions of law that specifically provide for such treatment. Treatments referred to in paragraph 1 shall apply in every case the provisions of Articles 9, 15, 17, 18, 31, 32, paragraphs 6 and 7, and 36, and, except for treatments in b ) of subsection 1, the provisions of Articles 7 and 34. Art. 5 - Data treatment without the use of electronic The processing of personal data carried out without the aid of electronic or automated means is subject to the same rules applicable to the treatment with the use of such resources. Art. 6 - Treatment of data held abroad Treatment in the State of personal data held abroad is subject to the provisions of this Act. If the processing referred to in paragraph 1 consists of a transfer of personal data outside the national territory shall apply in any case the provisions of Article 28. Chapter II - REQUIREMENTS FOR THE PROCESSOR Art. 7 - Notification The owner who intends to proceed with the processing of personal data subject to the scope of this Act is required to give notice to the Guarantor. The notification shall be made in advance and only once, by registered letter or by other appropriate means of certifying the receipt, regardless of the number of operations to be performed, and the duration of treatment and can involve one or more treatments for related purposes. A new notification is required only if it changes any of the items specified in paragraph 4 and must precede the making of the change. The notification is signed by the notifier and by the data. The notification shall include: name, company name or business name and domicile, residence or headquarters of the owner, the aims and methods of treatment, the nature of the data, the place where they are kept and the categories of the data involved they relate, the scope of communication and dissemination of data transfers of data to countries outside the European Union or, if they cover any of the data referred to in Articles 22 and 24, outside the national territory, a description General to assess the adequacy of technical and organizational measures taken to secure data and the names of the database or databases to which the treatment and the possible connection with other treatments or databases , also outside the national territory, the name, the name or business name and domicile, residence or office manager, in the absence of such information is considered responsible for the notifier, the quality and legitimacy of the notifier. Those required to register or to be recorded in the register referred to in Article 2188 of the Civil Code, as well as those who must provide the information referred to in Article 8, paragraph 8, letter d) of the Law of 29 December 1993 No 580, chambers of commerce, industry, handicrafts and agriculture, may submit the notification by means of the latter, in the manner prescribed by regulations in Article 33, paragraph 3. Small traders and craftsmen can also effect service through their representative associations; members to professional bodies also through their respective professional associations. In any case, stop the provision in paragraph 3. 5-bis. The service in simplified form may not contain any of the items referred to in paragraph 4, letter b), c), e) and g), identified by the Guarantor under the Regulation referred all'articolo33, paragraph 3, when treatment is carried out : by public entities, excluding public companies, on the basis of an express provision of law under Article 22, paragraph 3 and 24, ie the measure referred to in that Article 24, in the exercise of the journalistic profession and for ' sole purposes related thereto, or by persons specified in paragraph 4-bis of Article 25, in compliance with the code of conduct referred to in that Article; temporarily without the use of electronic or automated, and with the sole purpose how closely related the internal organization of the activity by the owner, with respect to data recorded in a database, and other than those referred to in Articles 22 and 24. 5-ter. Except as provided for in Article 4, the treatment is not subject to notification when it is necessary for the performance of a task required by law, regulation or legislation, in relation to data other than those mentioned in Articles 22 and 24, with regard to data or content from public registers, lists, documents or records by anyone, subject to the limitations and conditions laid down in Article 20, paragraph 1, letter b) is carried out exclusively for purposes of management protocol in the data required for classification of correspondence sent for purposes other than those referred to in Article 13, paragraph 1, letter e), with particular reference to general and addresses of interested parties, their qualification and organization of membership, phone books or similar concerns, not intended for distribution, used only for reasons of office work and for any purposes other than those referred to in Article 13, paragraph 1, letter e), has the only objective the fulfillment of specific accounting requirements, salary, pension, welfare and taxation, and is made with reference to the categories of data, stakeholders and recipients of the communication and distribution are closely linked to this requirement, keeping the data longer than necessary to fulfill the same it is made, except as provided in paragraph 5-a, b) by professionals enrolled in professional associations or lists, for the purposes strictly related to the fulfillment of specific performance and subject to professional secrecy, from small entrepreneurs whose Article 2083 of the Civil Code for the purposes strictly related to the performance of professional activity, and only for categories of data concerned, the recipients of the communication and dissemination and the period of data retention necessary to achieve the same purpose it is aimed at keeping professional associations or lists in accordance with laws regulations and is made exclusively for purposes of the ordinary management of libraries, museums and exhibitions, in accordance with the laws and regulations, or for the organization of cultural or sports or the formation of catalogs and bibliographies, is carried out by associations, foundations, committees also a political, philosophical, religious or trade union or by their representative bodies, established for non-profit and for the pursuit of lawful purposes, relatively data relating to associates and entities in connection with such purposes have regular contact with the association, foundation, committee or body, subject to the disclosure requirements of stakeholders and acquisition of consent, where necessary, it is carried out by voluntary organizations of which the law August 11, 1991, No 266, within the limits set out in the letter) and in accordance with authorizations and legal requirements laid down in Articles 22 and 23, is carried out temporarily and is intended solely for the publication or dissemination of occasional articles, essays and other intellectual works, in compliance with the Code referred to in Article 25, shall be made, including by electronic means or automated, for the preparation of periodicals or publications with the purpose of legal information in relation to data taken from orders by the judiciary or other authorities; is temporarily made exclusively for the purpose of collecting subscriptions to Legislative Proposals' initiative, to petitions for referenda, petitions or appeals, the administration has the only objective of the owners referred to in Article 1117 and following of the Civil Code, to those categories of data, stakeholders and recipients of the communication needed for the management of common goods, keeping the data longer than is necessary for the protection of the corresponding rights. 5-c. The holder can avail of the simplified notification or exemption referred to in paragraphs 5-5-bis and ter, provided the processing relates solely to the purposes, the categories of data, stakeholders and recipients of the communication and dissemination identified, together the period of data retention, by the same paragraphs, and a 5-5-ter, as well: in the cases referred to in paragraphs 5-a, point a) and 5-ter, letters a) and m) from the provisions of law or Regulation or legislation therein, in the case referred to in paragraph 5-a, b), the code of conduct specified therein, in the remaining cases, the Guarantor, with permits issued in the manner provided for in Article 41, paragraph 7, ie, for data other than those referred to in Articles 22 and 24, with similar measures. 5-d. The owner who takes advantage of the exemption referred to in paragraph 5-ter must provide the information referred to in paragraph 4 to anyone who requests it. Art. 8 - Head The manager, if appointed, must be appointed from among persons who by experience, capability and reliability to provide appropriate guarantees of compliance with the applicable rules on treatment, including aspects relating to safety. The person responsible for processing an application by following the instructions given by the owner who, even through periodic checks, supervise the strict observance of the provisions of paragraph 1 and its instructions. Where necessary for organizational purposes, may be designated several entities, including through sharing of tasks. The tasks entrusted to the person responsible must be detailed in writing. The processors must process the personal data they have access to following the instructions of the owner or manager. Chapter III-Section I PERSONAL DATA - Data Collection and requirements Art. 9 - Methods of collection of personal data and requirements The personal data processed must be: processed lawfully and fairly; collected and stored for specified, explicit and legitimate purposes and used in other processing operations in ways that are incompatible with those purposes; accurate and, if necessary, updated , relevant, complete and not excessive in relation to the purposes for which they were collected or subsequently processed; kept in a form which permits identification of data for a period of time not exceeding that necessary for the purposes for which they were collected and then processed. Art. 10 - Information provided at the time of collection The interested party or person from whom personal data are collected should be informed orally or in writing about: the purposes and methods of treatment which the data are intended, mandatory or optional nature of data, the consequences of a refusal to answer, the subjects or categories of persons to whom the information may be disclosed and the scope of dissemination of these data, the rights referred to in Article 13, the name, the name or business name and domicile, residence or seat of the owner and, if designated, the responsible party. The information referred to in paragraph 1 may not include elements already known to the person providing the information or knowledge, which may hinder the performance of public inspection or control, performed to achieve the purposes of Articles 4, paragraph 1, letter e), and 14, paragraph 1, letter d). When personal information is not collected from the subject, the information referred to in paragraph 1 above shall be subject at the time of recording such data or, if their communication is envisaged, no later than the first communication. The arrangement referred to in paragraph 3 shall not apply where the information to the media that involves the use of the Guarantor declares clearly disproportional to the protected right, which proves, in the opinion of the Guarantor, impossible, or if the data are processed in accordance with an obligation imposed by law, regulation or legislation. The same does not apply, also, when the data are processed either for carrying out the investigations referred to in Article 38 of the implementation, coordination and transitional provisions of the Criminal Procedure Code, approved by Legislative Decree of July 28, 1989, n . 271, as amended, or otherwise, to enforce or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor. Section II - Rights of the treatment data Art. 11 - Consent The processing of personal data by private or public companies is permitted only with explicit consent. The agreement may cover the entire treatment or one or more of the same. The consent is valid only if it is given freely, and in a specific and documented in writing, and if it were made with the information referred to in Article 10. Art. 12 - Cases of exclusion of consent Consent is not required when the treatment: about data collected and held under an obligation under the law, regulation or legislation, is necessary for the performance of obligations under a contract which is a party or the acquisition of information prior to entering the latter's request, or to fulfill a legal obligation, with regard to data from public registers, lists, documents or records by anyone and is intended only for purposes of scientific research or statistical data is anonymous and is carried out in the exercise of the journalistic profession and for the sole purposes related thereto, in compliance with the code of conduct referred to in Article 25, concerns data relating to economic activities also collected for the purposes stated in Article 13, paragraph 1, letter e), in compliance with current legislation on business and industrial secrecy, it is necessary to safeguard life or bodily integrity or third, if the subject can not give their consent because, for failure to act or failure to understand or want, it is necessary for carrying out the investigations referred to in Article 38 of the implementation, coordination and transitional provisions of the Criminal Procedure Code, approved by Legislative Decree 28 July 1989, No 271, as amended, or otherwise, to enforce or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor. Art. 13 - Rights of In relation to the processing of personal data subject has the right to: know, through free access to the register under Article 31, paragraph 1, letter a), the existence of personal data concerning him, to be informed of according to Article 7, paragraph 4, letters a), b) h); to obtain from the owner or manager, without delay: a confirmation of the existence of personal data concerning him, even if not yet recorded, and the intelligible communication of such data and their origin, and the logic and purposes upon which it is processed, the request may be renewed, unless there are justifiable reasons, with no less than ninety days, the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; the update, correction, or if there is interest, the integration of data, the certification that the operations as per 2) and 3) have been notified, also as regards their content, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves means manifestly disproportionate to the protected rights to oppose, in whole or in part, for legitimate reasons, the processing of personal data concerning him , pertinent for collection purposes, to oppose, in whole or in part, the processing of personal data concerning him, for purposes of commercial information or sending advertising materials or direct selling or for carrying out market research or interactive commercial communication and to be informed by the owner, not later than the time in which data is communicated or disclosed the possibility of freely exercising this right. For each request referred to in paragraph 1, letter c), number 1), may be asked, if not confirmed the existence of data concerning him, a fee not exceeding the costs actually incurred, according to the manner and within the limits established by regulations in Article 33, paragraph 3. The rights referred to in paragraph 1 in relation to personal data concerning deceased persons may be exercised by anyone who is interested. In exercising the rights referred to in paragraph 1 subject may grant, in writing, delegate or proxy to individuals or associations. The regulations on professional secrecy of the journalistic profession, the source of the news. Art. 14 - Limits on the exercise of rights The rights referred to in Article 13, paragraph 1, letters c) and d) can not be exercised with respect to processing of personal data collected: in accordance with the provisions of Decree-Law May 3, 1991, No 143, with amendments, into law July 5, 1991, No 197, as amended, in accordance with the provisions of the decree-law of 31 December 1991 No 419, ratified with amendments by Law of 18 February 1992 172, as amended, by the parliamentary commissions of inquiry set up under Article 82 of the Constitution, by a public entity, other than public companies, under an express provision of law, exclusively for purposes related to monetary policy, the payment system, control of brokers and credit and financial markets and the protection of their stability, under Article 12, paragraph 1, letter h), for the period during which that could result in prejudice to the conduct of investigations or the exercise of the right referred to in that subparagraph h). In the cases referred to in paragraph 1 the Guarantor, including a report submitted under article 31, paragraph 1, letter d), performs the necessary investigations in the manner provided for in Article 32, paragraphs 6 and 7, and indicates necessary changes and additions, and monitoring of implementation. Section III - Security in data processing, limits the usability of data and damages. Art. 15 - Data Security The personal data processed must be kept and controlled, also in relation to knowledge based on technical progress, the nature of the data and the specific characteristics of the treatment, so as to minimize, by adopting suitable preventive security measures, the risk of destruction or loss, even accidental, of the data, unauthorized access or treatment not allowed or not in accordance with the purposes of the collection. The minimum security measures to be taken in advance have been identified in a regulation issued by the President of the Republic, under Article 17, paragraph 1, letter a) of the Law of 23 August 1988 400, within one hundred eighty days from the date of entry into force of this Act, the proposal of the Minister of Justice, after consulting the Authority for information technology in public administration and the Guarantor. The security measures described in paragraph 2 are appropriate, within two years from the date of entry into force of this Act and thereafter at least every two years, with subsequent regulations issued in the manner specified in that subsection 2, relating to developments industry and technical experience. The security measures relating to the data processed by the agencies referred to in Article 4, paragraph 1, letter b) shall be established by decree of President of the Council of Ministers with the observance of the rules governing the matter. Art. 16 - Termination of the data In the event of termination, for whatever reason, the data processing, the holder must provide advance notice to the Guarantor to their destination. Data can be: destroyed, transferred to another owner, provided they are treated for purposes similar to the purposes for which the data are collected, kept for exclusively personal purposes and not intended for systematic communication or dissemination. The transfer of data in breach of the provisions of the letter b) of paragraph 2 or other provisions of law relating to the processing of personal data has nothing and is punished according to article 39, paragraph 1. Art. 17 - Limitation to the usability of personal data No act or judicial decision or administrative action involving the assessment of human behavior may be based solely on automated processing of personal data aimed at defining the profile or personality. The interested party may challenge any other decision taken on the basis of the processing referred to in paragraph 1 of this Article, pursuant to Article 13, paragraph 1, letter d), unless the decision was adopted at the conclusion or execution of a contract, in response to a proposal of the interested party or on the basis of adequate safeguards identified by the law. Art. 18 - Damage caused due to the processing of personal data Anyone who causes damage to another due to the processing of personal data shall provide compensation pursuant to Section 2050 of the Civil Code. Section IV - Communication and dissemination of data. Art. 19 - Trustees of treatment Not considered communication of personal data by the knowledge of the people in charge in writing to perform the operations of the treatment by the owner or manager, and operate under their direct authority. Art. 20 - Requirements for communication and dissemination of data The communication and dissemination of personal data by private and public companies are allowed: with the express consent of, if the data comes from public registers, lists, documents or records by anyone, without prejudice to the limits and the way that laws and regulations established for their disclosure and publicity, in fulfillment of an obligation under the law, regulation or legislation, in the exercise of the journalistic profession and for the sole purposes related thereto, in limits the freedom of the press to protect the confidentiality and completeness of information in particular with respect to events of public interest and in compliance with the code of conduct referred to in Article 25, if the data are related to development of economic activities, in compliance with current legislation and business secrets, if they are necessary to safeguard life or bodily integrity or third, if the subject can not give their consent because , for failure to act or failure to understand or want; only to the disclosure, if that is necessary for carrying out the investigations referred to in Article 38 of the implementation, coordination and transitional provisions of the Criminal Procedure Code, approved July 28, 1989 by Legislative Decree No 271, as amended, or otherwise, to enforce or defend a legal claim, in compliance with the regulations referred to in subparagraph e) of this paragraph, provided that the data are processed exclusively for said purposes and for no longer than necessary therefor; only to the disclosure, when this is done within the banking groups referred to in Article 60 of the Consolidated Law on Banking and credit approved by Legislative Decree 1. September 1993 385, and between subsidiaries and associated companies in accordance with Article 2359 of the Civil Code, whose treatments for related purposes have been notified under Article 7, paragraph 2, for the same purposes for which the data are were collected. Communication and dissemination of personal data by public entities, excluding public companies, the provisions of Article 27. Art. 21 - Prohibition of disclosure and dissemination Are prohibited communication and dissemination of personal data for purposes other than those specified in the notification referred to in Article 7. They are also prohibited the communication and dissemination of personal data which has been ordered for the cancellation, or whenever after a period of time specified in Article 9, paragraph 1, letter e). The Supervisory Authority may prohibit the distribution of some of the data for individual subjects or categories of subjects, when the spread is in contrast with significant interests of the community. The prohibition can be challenged under Article 29, paragraphs 6 and 7. The communication and dissemination of data is still permitted: if it's necessary for purposes of scientific research or statistics and this information is anonymous, and when they are requested by the person referred to in Article 4, paragraph 1, letter b), d) and e) for purposes of defense or state security or the prevention, detection or repression of crime, with the observance of the rules governing the matter.
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