Legislative Decree no. 196 dated 30 June 2003

Section 13
(Information to Data Subjects)
1. The data subject as well as any entity from whom or which personal data are collected shall be
preliminarily informed, either orally or in writing, as to:
a) the purposes and modalities of the processing for which the data are intended;
b) the obligatory or voluntary nature of providing the requested data;
c) the consequences if (s)he fails to reply;
d) the entities or categories of entity to whom or which the data may be communicated, or
who/which may get to know the data in their capacity as data processors or persons in charge of the
processing, and the scope of dissemination of said data;
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e) the rights as per Section 7;
f) the identification data concerning the data controller and, where designated, the data
controller’s representative in the State’s territory pursuant to Section 5 and the data processor. If
several data processors have been designated by the data controller, at least one among them shall
be referred to and either the site on the communications network or the mechanisms for easily
accessing the updated list of data processors shall be specified. If a data processor has been
designated to provide responses to data subjects in case the rights as per Section 7 are exercised,
such data processor shall be referred to.
2. The information as per paragraph 1 shall also contain the items referred to in specific provisions
of this Code and may fail to include certain items if the latter are already known to the entity
providing the data or their knowledge may concretely impair supervisory or control activities
carried out by public bodies for purposes related to defence or State security, or else for the
prevention, suppression or detection of offences.
3. The Garante may issue a provision to set out simplified information arrangements as regards, in
particular, telephone services providing assistance and information to the public.
4. Whenever the personal data are not collected from the data subject, the information as per
paragraph 1, also including the categories of processed data, shall be provided to the data subject at
the time of recording such data or, if their communication is envisaged, no later than when the data
are first communicated.
5. Paragraph 4 shall not apply
a) if the data are processed in compliance with an obligation imposed by a law, regulations
or Community legislation;
b) if the data are processed either for carrying out the investigations by defence counsel as
per Act no. 397 of 07.12.2000 or to establish or defend a legal claim, provided that the data are
processed exclusively for said purposes and for no longer than is necessary therefor;
c) if the provision of information to the data subject involves an effort that is declared by the
Garante to be manifestly disproportionate compared with the right to be protected, in which case the
Garante shall lay down suitable measures, if any, or if it proves impossible in the opinion of the
Garante.
5-bis. The information as per paragraph 1 shall not be necessary in case CVs are received that are
sent voluntarily by the relevant data subjects with a view to recruitment for job positions. When
first contacting a data subject that has sent his/her CV, the data controller shall be required to
provide such data subject, also verbally, with a short information notice that shall include at least
the items mentioned in paragraph 1, letters a., d., and f. . [Paragraph added by Section 6(2)a, item 2.
of decree no. 70 dated 13 May 2011 as converted, with amendments, into Act no. 106 dated 12 July
2011]

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Section 7
(Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain confirmation as to whether or not personal data
concerning him exist, regardless of their being already recorded, and communication of such data in
intelligible form.
2. A data subject shall have the right to be informed
a) of the source of the personal data;
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b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic
means;
d) of the identification data concerning data controller, data processors and the
representative designated as per Section 5(2);
e) of the entities or categories of entity to whom or which the personal data may be
communicated and who or which may get to know said data in their capacity as designated
representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain
a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully,
including data whose retention is unnecessary for the purposes for which they have been collected
or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as
also related to their contents, to the entities to whom or which the data were communicated or
disseminated, unless this requirement proves impossible or involves a manifestly disproportionate
effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
a) on legitimate grounds, to the processing of personal data concerning him/her, even though
they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the
purpose of sending advertising materials or direct selling or else for the performance of market or
commercial communication surveys.