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INFORMATIVE =-
Section
8
(Exercise of Rights)
1.
The rights referred to
in Section 7 may be exercised by
making a request to the data controller
or processor without formalities,
also by the agency of a person in
charge of the processing. A suitable
response shall be provided to said
request 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 processed:
a)
pursuant to the provisions
of decree-law no. 143 of 3
May 1991, as converted, with
amendments, 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, with amendments,
into Act no. 172 of 18 February
1992 and subsequently amended,
concerning support for victims
of extortion;
c) by parliamentary
Inquiry Committees set up
as per Article 82 of the Constitution;
d) by a public
body other than a profit-seeking
public body, 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
actually and concretely prejudiced;
f) by providers
of publicly available electronic
communications services in
respect of incoming phone
calls, unless this may be
actually and concretely prejudicial
to performance of the investigations
by defence counsel as per
Act no. 397 of 7 December
2000;
g) for reasons
of justice by judicial authorities
at all levels and of all instances
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.
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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 Sections 157, 158 and
159; in the cases referred to in
letters c), g) and h) of said paragraph,
the Garante 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 judgments, opinions and other
types of subjective assessment,
or else the specification of policies
to be implemented or decision-making
activities by the data controller.
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;
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.
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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.
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