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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.
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 , 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. 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.
The data shall be reproduced on paper or magnetic media, or else transmitted via electronic networks, whenever this is requested.3.
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.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.
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.
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. 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. For the purposes of this Code,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.