Duty LXD-8312
Processes de-identified data, in Italy
Codice Privacy art. 110-bis, Further Processing by Third Parties for Research or Statisticssince 2 lines
Decreto Legislativo 30 giugno 2003, n. 196, art. 110-bis, commi 1-3 · Read the law's page
- Where you rely on the Garante's authorization under Article 110-bis for further processing of personal data, special categories included, for scientific research or statistics as a third party that mainly carries out those activities, adopt the appropriate measures required by GDPR Article 89, including preventive minimization and anonymization of the data (Article 110-bis, paragraph 1).
- Comply with the conditions and measures the Garante sets in the authorization, or afterwards following verifications, or in a general measure, including those on the security of the data (Article 110-bis, paragraphs 2 and 3).
Codice Privacy art. 126(1), Location Data Processed Only if Anonymous or with Consentsince 1 line
Decreto Legislativo 30 giugno 2003, n. 196, art. 126, comma 1 · Read the law's page
- Process location data other than traffic data, relating to users or subscribers of public communications networks or publicly available electronic communication services, only if the data are anonymous or the user or subscriber has given prior consent, revocable at any time, and only to the extent and for the duration needed for the requested value-added service (Article 126, paragraph 1).
Codice Privacy art. 52(4)-(5), Omitting Identifying Data when Disseminating Judgmentssince 2 lines
Decreto Legislativo 30 giugno 2003, n. 196, art. 52, commi 4-5 · Read the law's page
- When you disseminate, in any form, a judgment or other judicial measure that carries the annotation provided for in Article 52, paragraph 2, or the legal maxims drawn from it, omit the data subject's name and other identifying data (Article 52, paragraph 4).
- When you disseminate judgments or other judicial measures of any court, omit in every case, with or without the annotation, the names and other identifying data, including data relating to third parties, from which the identity of a minor, or of the parties to family-law and personal-status proceedings, can be inferred even indirectly (Article 52, paragraph 5).
Garante Research and Statistics Ethical Rules, Identifiability Test and Anonymous Special-Category Datasince 2 lines
Regole deontologiche per trattamenti a fini statistici o di ricerca scientifica, Garante Provvedimento n. 515 del 19 dicembre 2018, Allegato 1, artt. 4 and 7 · Read the law's page
- Treat a data subject as identifiable whenever, with reasonable means, a significantly probable association can be established between the combination of the variables of a statistical unit and the data that identify it (Allegato 1, Article 4, paragraph 1, point a).
- Process special categories of data and data on criminal convictions and offences for statistical and scientific purposes in anonymous form as a rule (Allegato 1, Article 7, paragraph 1).
Garante Provvedimento n. 146/2019, Pseudonymization and Anonymization of Genetic and Research Datasince 3 lines
Prescrizioni relative al trattamento di categorie particolari di dati, Garante Provvedimento n. 146 del 5 giugno 2019, Allegato 1, sections 4.2(e), 5.4 and 5.6 · Read the law's page
- Process genetic data and biological samples held in lists, registers or databases with encryption, pseudonymization or other solutions that make them temporarily unintelligible even to authorized staff and allow the data subjects to be identified only when necessary (Allegato n. 1, section 4.2, point e).
- Where research cannot reach its purposes without identifying the data subjects, process the data collected retrospectively with encryption, pseudonymization or other solutions that make them not directly attributable to the data subjects, and use codes that cannot be derived from the data subjects' identifying data unless that is impossible or disproportionate and the reason is recorded in writing in the research project (Allegato n. 1, section 5.4).
- State in the research project the retention period after the end of the study at the end of which the data and biological samples are anonymized (Allegato n. 1, section 5.6).