Legislation decree of the 30th June 2003, n.196 – Code in relation to the protection of personal data act, article 7. Right of access to personal data and other rights.
1. The interested party has the right to obtain confirmation for the existence of any personal data which regards them.
2. The interested party has the right to obtain indication
a) of the origin of the personal data; b) the purpose and use of such information;
c) for methods applied in cases where electronic facilities may be utilised;
d) the identification particulars of the holder, of the persons responsible and of the representative responsible to the article 5, comma 2; e) of the subjects and to the categories of subjects to which the personal data can be communicated or that may become acquainted with the designated representative in the territory of the state for the persons in charge or the responsible party. 3. The interested party has the right to obtain; a) the up-date and rectification wherever necessary of the integration of the data;
b) the cancellation, the transformation in an anonymous form, or can block the data in question in violation of the law, including those of which conservation is in relation to the scopes for which the data was collected and subsequently dealt with;
c) confirmation that the operations relating to letter a) and b) have been made aware, even of all of its contents, and of which the data was communicated or diffused to, in the exception of cases whereby the implementation proves impossible or requires methods much greater in respect than the protected rights.
4. The interested party has the right to oppose to all or in part; a) for legitimate reasons for the treatment of the personal data that effect them, pertinent to the scope of the gathering;
b) the treatment of personal data that regards them with the scope of advertising or for direct sales or for market research or for commercial communication purposes.
Art.13 Informative 1. The interested party or the person for which the personal data will be collected will be previously informed orally or in writing with regards to:
a) The way and method in which the data will be used
b) The nature, obligatory or optional of the bestowal of the data
c) the consequences of an eventual refusal of a response
d) the persons or the categories of people to which the personal data may be communicated to or to the persons responsible or in charge whom it may be made aware and diffused to
e) The rights of article 7.
f) The identification extremes of the owner and, if designated, of the representative in the territory of the State with regards to article 5 of the responsible party. When the owner has designated and indicated an authorised party indicating the method of communication or the way in which is comfortably understood the list of up-dated responsible parties.
2. The informative of comma 1 also contains the elements foreseen by specific dispositions of the present code and could not include the elements already noted by the person that provides the data or whose knowledge could obstruct the accomplishment, on behalf of a member of the public, for inspecting or controlling purposes, carried out for the purpose of defence or security of the State or for preventions, assessment or repression of any crimes.
3. The guarantor can identify with its own resources a simplified method for the data provided in particular the telephone help services and information to the public.
4. If the personal data is not collected by the interested party, the informative relating to comma 1, comprehensive of the categories of the treated data, is given to the person in question at the time of the registration of the data, when the communication of the data is foreseen, not before the first communication.
5. The disposition regarding comma 4 will not be applicable when:
a) The data has been treated as foreseen by the law, by a regulation or a communitarian norm.
b) The data is treated at the end of the defensive investigation of which law 7 December 2000, n.397, o however to allow its worth or to defend a right in judicial centre, as long as the data is treated exclusively for such purposes and for the period strictly necessary in order to pursue it;
c) The informative to the interested party brings with it an employment of means which the guarantor, advising on eventual appropriate measures, declares manifestly un proportionate in comparison to its protected rights, or moreover that it reveals itself to be, in the opinion of the guarantor, impossible.
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