Italian Legislative Decree No.196 dated June 30, 2003 – Italian Code concerning the protection of personal data
Article 7. Right to access personal data and other rights
1. The data subject has the right to obtain confirmation as to the existence of any personal data that concern him or her – even if they have yet to be recorded – and to receive a communication of said data in an intelligible form.
2. The data subject has the right to obtain information on:
a) origin of personal data;
b) purposes and methods of process;
c) system used, in case of process performed using IT equipment;
d) identification data of the data controller, data processor and appointed representative under article 5, paragraph 2;
e) entities or categories of entities to whom the data may be disclosed or which may become aware of them in their role of appointed representative in the Country, data processors or agents.
3. The data subject has the right to:
a) update, correct, or whenever wishes to do so, integrate the data; b) cancel, transform into anonymous form or block data processed in violation of the law, including those that do not need to be archived for the purposes for which the data were collected or subsequently processed;
c) receive confirmation that all the tasks referred to in letters a) and b) were notified, also concerning their contents, to those to whom the data were communicated or distributed, except when fulfilment of such task becomes impossible or would require the use of means clearly disproportionate respect to the right protected.
4. The data subject has the right to oppose, in whole or in part:
a) for legitimate reasons the processing of his personal data even if pertinent to the purpose of the collection.
b) the processing of his personal data for advertising purposes or direct sales or for carrying out market research or business communication.
The data subject or the entity collecting personal data is informed in advance, verbally or in writing about:
a) the purposes and methods of the processing for which the data are intended;
b) the mandatory or optional nature of providing the requested data;
c) the consequences of a possible refusal to answer;
d) the entities or categories of entities to which the personal data may be notified or that may become aware of the data in their role of data processors or agents, and the scope of distribution of the said data;
e) the rights referred to in Article 7;
f) the identification of data controller, and if appointed, of the representative in the Country in accordance with Article 5 as well as those of the data processor. Whenever the data controller appointed more than one data processor, at least one of them must be listed along with the location of the communication network or the methods by which the list of data processors may be easily accessed. If a data processor has been designated to provide responses to data subjects in cases where the rights set out in Article 7 are to be exercised, the data processor in question must be identified.p>
2. The informative referred to in paragraph 1 contains also the elements required by specific provisions of this code and may not include elements already known to the individual providing the data or which knowledge may practically hinder the implementation of inspections or monitoring activities, by a public entity, performed for the purposes of defence or protection of the Country, or for prevention, investigation, or repression of offences.
3. The Guarantor may issue simplified methods for the informative supplied, in particular via telephone support services and information to the public.
4 Whenever the personal data are not supplied directly by the data subject, the information referred to in paragraph 1, including the categories of data processed must be given to the data subject at the time of recording such data or, when their communication is expected, not later than the first communication.
5. The provision referred to in paragraph 4 is not applicable when:
a) the data are processed in compliance with legal requirements, regulations or EU directives;
b) the data are processed in order to carry out the investigations referred to in Italian law No. 397 dated December 7, 2000, or in any case to assert or defend a legal claim, provided that the data are processed exclusively for said purposes and for a period strictly necessary to their implementation;
c) providing the information to the data subject requires the use of means that the Guarantor, ordering the appropriate measures, states that they are clearly disproportionate respect to the right being protected, or if the provision of the relevant information to the data subject would be, in the judgement of the Guarantor, impossible.
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