Italian Legislative Decree No. 196 of 30 June 2003 – Code for the protection of personal data
Art. 7. Right of access to personal data and other rights
1. The data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning him/her, even if not yet recorded, and its communication in an intelligible form.
2. The data subject has the right to get to know:
a) The origin of personal data;
b) The purposes and methods of processing;
c) The logic applied in the case of processing carried out with the aid of electronic instruments;
d) The identification details of the owner, managers and designated representative under Article 5, paragraph 2;
e) The subjects or categories of subjects to whom the personal data may be communicated or who may become aware of the same in their capacity as designated representative in the territory of the State, managers or appointees.
3. The data subject has the right to obtain:
a) The update, modification or, when interested, supplementation of data;
b) The cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data was collected or subsequently processed;
c) The demonstration that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom data has been communicated or disseminated, except where this proves impossible or involves the use of means manifestly disproportionate to the protected right.
4. The data subject has the right to object, in whole or in part:
a) For legitimate reasons to the processing of personal data concerning him/her, even if relevant to the purpose of collection;
b) To the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
Art. 13. Information notice
1. The data subject or the person from whom personal data is collected shall be informed in advance orally or in writing about:
a) The purposes and methods of the processing for which the data is intended;
b) The mandatory or optional nature of providing data;
c) The consequences of refusing to answer;
d) The subjects or categories of subjects to whom personal data may be communicated or who may become aware of the same in their capacity as managers or appointees, and the scope of dissemination of such data;
e) The rights set forth in Article 7;
f) The identification details of the owner and, if designated, the representative in the territory of the State pursuant to Article 5 and the manager. When the owner has designated more than one manager, at least one of them shall be indicated, with the site of the communication network or the means by which the up-to-date list of responsible parties can be easily known. When someone has been designated to be in charge of responding to the data subject in the event of the exercise of rights under Article 7, that person shall be indicated.
2. The information referred to in paragraph 1 shall also contain the elements provided for in specific provisions of this Code and may not include the elements already known to the person providing the data or the knowledge of which may concretely hinder the performance by a public entity of inspection or control functions carried out for purposes of defence or security of the State or the prevention, detection or suppression of crimes.
3. The Guarantor may identify by its own order simplified modes for the information provided in particular by telephone public assistance and information services.
4. If personal data is not collected from the data subject, the information referred to in paragraph 1, including the categories of data processed, shall be given to the data subject at the time of recording the data or, when disclosure is planned, no later than the first disclosure.
5. The provision in paragraph 4 does not apply when:
a) Data is processed pursuant to an obligation imposed by law, regulation, or EU legislation;
b) Data is processed for the purpose of conducting defensive investigations under Italian Law No. 397 of 7 December 2000, or, in any case, for the purpose of asserting or defending a right in a court of law, provided that the data is processed exclusively for these purposes and for the period strictly necessary for its pursuit;
c) The provision of information to the data subject involves the use of means which the Guarantor, in prescribing any appropriate measures, declares to be manifestly disproportionate to the right protected, or proves, in the opinion of the Guarantor, to be impossible.
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