Systematic government access to private-sector data in Italy

Italian law contains a variety of different legal provisions relevant to data protection and the access to private data by law enforcement. The relevant sources of law can include interpretations of constitutional provisions by the Italian courts; implementation of EU law into Italian law; and statu...

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Bibliographic Details
Published in:International data privacy law 2014-02, Vol.4 (1), p.12-20
Main Author: Resta, G.
Format: Article
Language:English
Subjects:
Access control
Alliances
Analysis
Civil law
Constitutional law
Law
Law enforcement
Personal information
Privacy
Provisions
Public sector
Studies
Tax evasion
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Description
Summary:Italian law contains a variety of different legal provisions relevant to data protection and the access to private data by law enforcement. The relevant sources of law can include interpretations of constitutional provisions by the Italian courts; implementation of EU law into Italian law; and statutory provisions, in particular the Italian 'Data Protection Code'; general civil law is also relevant. Special rules apply to data processing in specific sectors, in particular the judicial sector; law enforcement; and national security. Several statutes make a broad reporting of private-sector data mandatory. This can include, for example, tax data; data relevant to anti-money laundering obligations; data relating to mobile phone usage; data of hotel clients; and insurance data. Legislation provides individuals with the opportunity to assert their rights either by filing a private lawsuit or by filing a complaint with the Italian Data Protection Authority (the 'Garante').
ISSN:2044-3994
2044-4001
DOI:10.1093/idpl/ipt029