Personal data are processed in compliance with Legislative decree no 196 of June 30 2003 - ( policy concerning the protection of personal data ) and regulated as it follows
Art. 7. Right to access personal data and other rights
1. A data subject shall have the right to be informed in any moment whether personal information referring to him or her exist or not and to receive a communication in an intelligible form, regardless his or her data being already recorded and processed.
2. A data subject shall have the right to be informed
a) of the source of personal data
b) of the purposes and methods of processing his or her personal data
c) of the method applied in case of processing data with the aid of electronic instruments
d) of the identifying details of Data Controller, of Data processors and of the designated assistant in accordance with section 5, paragraph 2
e) of individuals or categories of entities to whom or which personal data may be disclosed or may get to know the aforementioned data as appointed representative in the State's territory, managers or assistants.
3. a data subjct shall be entitled the right to obtain
a) the updating, the correction, or where interested herein, the integration of data
b) the cancellation, anonymization or blocking of data unlawfully processed, including data whose retention is unnecessary fpr the purposes data were collected for or subsequently processed;
c) certification that the operation as per letters a) and b) have been notified, as also related to their content, to the entities to whom or which the data have been communicated or circulated, unless this requirement proves impossible or involves a disproportionate effort compared with the right that is to be protected.
4. A data subject has the right to object, wholly or in part
a) by legitimate reason to the processing of personal data concerning him or her, even if relevant to the purpose of data collection ;
b) to the processing of personal data related to him or her carried out for the purpose of sending advertising materials or direct sales materials or for market research or commercial communication surveys.
Art. 8. Exercise of rights
1. the rights referred to in Article 7 shall be exercised with an informal request to the owner or manager, also through an agent, which is given adequate response 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 not processed:
a) pursuant to the provisions of decree-law no 143 of 3 may 1991, as converted with amendements, 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, qith amendments, into Act no 172 of 18 februrary 1992,and subsequently amended, concerning support for victims of extorsions;
c) by Parliamentary Inquiry Committess set up as by Article 82 of the Constitution;
d) by a public authority other than a profit - seeking public authority, 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 acutally and concretely prejudiced;
f) by providers of publicly available electronic communications services in respect of incoming phone calls, unless his may be actually and concretely prejudicial to performance of investigation by defence counsel as per Act no 397 of 7 dicembre 2000;
g) for reasons of justice by judicial authorities at all levels and of all istances 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 section 157, 158 and 159 in the cases referred to in letters c), g) and h) of said paragraph, the Garant shall act as per Section 160.
4. exercise of the rights referred to in Section 7 may be permitted with regard to data of non-objective character on condition that it does not concern rectification of or additions to personal evaluation data in connection with judgements, opinions and other types of subjective assessment or else the specification of policies to be implemented or decision-making activities by the data controller.
Art. 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 the 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 by either a person in charge of 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. 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 family-related reasons deserving protection.
4. The data subject's identity shall be verifiied 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.
Art. 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 required.
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.
5. The right to obtain communication of the data in intelligible form does not apply to personal data concerning third parties, unlesse breaking down the processed data or eliminatiing 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.
Art. 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;
e) kept in a form which permits identification of the data subject for no longer than necessary fot 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.