ItalyCodice Privacy (Personal Data Protection Code), as Amended for GDPR Alignment
Decreto Legislativo 30 giugno 2003, n. 196, as amended by Decreto Legislativo 10 agosto 2018, n. 101
In force since .
A comprehensive regime rule binding public and private bodies.
- Audit expectation
- on_request
- Who audits it
- Regulator
- Where the report goes
- Produced on request
What it requires
- Establish a General Data Protection Regulation (GDPR) Article 6 lawful basis before processing personal data of a person in Italy, following the Codice Privacy's institutional and procedural rules.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Can a 'general administrative act' alone be the legal basis for processing carried out for a task in the public interest or in the exercise of official authority under Article 2-ter(1) of the Codice privacy, given that Article 6(3) of Regulation (EU) 2016/679 requires that basis to be laid down by Union or Member State law?
What it makes you log
Who may demand the log
Regulator, Court
Log retention
The 24 months apply to telephone traffic data. Internet traffic data are kept for 12 months.
- Unit
- Months
- As of
- Basis
- Fixed
- Maximum value
- 24
- Minimum value
- 24
Logging duty
A provider of publicly available electronic communications services keeps telephone traffic data for 24 months from the communication and internet traffic data for 12 months, for the detection and prosecution of crime; the contents of communications are excluded. The duty binds such providers, not controllers generally.
- Kind
- Explicit
- As of
- Provision
- Codice Privacy Article 132, paragraph 1
- Trigger
- personal_data_processing
What this law does
Italy gives the General Data Protection Regulation (GDPR) domestic effect through the Codice in materia di protezione dei dati personali (Personal Data Protection Code), Decreto Legislativo 196/2003 as amended by Decreto Legislativo 101/2018, in force from . Beyond the GDPR baseline it adds its own Titolo III criminal offenses for unlawful processing (Artt.
167, 167-bis, 167-ter, 168, 170, 171; Art. 169 is abrogated), the Garante's own Article 166 sanctioning procedure, and sector-specific security and consent prescriptions for genetic, health, and biometric data.
When LexLint raises it
When your app profile says your app processes personal data.
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