ItalyGDPR Articles 12-21 and Codice Articles 2-undecies and 2-terdecies, Data Subject Rights in Italy
In force since .
A data subject rights rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- none
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in Italy within one month of receipt.
- You may delay, limit or exclude a person's rights in Italy under General Data Protection Regulation (GDPR) Articles 15 to 22, with reasoned notice to them without delay unless that notice would defeat the purpose, where granting the request would cause actual and concrete prejudice to interests such as anti-money-laundering enforcement, defensive investigations or the exercise of a right in court, or a whistleblower's confidentiality, under Codice Article 2-undecies.
- Honor a request about a deceased person's personal data in Italy from someone with their own interest, an agent protecting the deceased, or someone with a family reason worth protecting, unless the law excludes it or, for information society services offered directly to the person, the deceased expressly forbade it by written declaration, under Codice Article 2-terdecies.
These lines are LexLint's reading of the law's text. Also read by: Garante per la protezione dei dati personali (guidance, recorded ); Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests 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
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0307
- Guidance link
- https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/9954881
- Case citation
- Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of
- Guidance body
- Garante per la protezione dei dati personali
- Open questions
- Do the rights of Articles 15 to 22 of the GDPR that a person exercises under Article 2-terdecies of the Codice for a deceased person reach the personal data of third parties, such as the beneficiaries of life-insurance policies, and how must the controller weigh the competing interests?
What record it asks for
Logging duty
GDPR Articles 12 to 21 and Codice Articles 2-undecies and 2-terdecies set response periods, reasoned notices to the person and limits on the rights; none requires a log or record. The Garante's power to demand documents sits in Codice Article 157, outside the provisions this instrument cites.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Italy can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests. The Codice adds two rules that reach a private controller.
Article 2-undecies lets a controller delay, limit or exclude the rights in GDPR Articles 15 to 22, with reasoned notice to the person unless that would defeat the purpose, where exercising them would cause actual and concrete prejudice to listed interests, among them anti-money-laundering, defensive investigations or the exercise of a right in court, and a whistleblower's confidentiality.
Article 2-terdecies lets these rights be exercised for a deceased person by someone with their own interest, an agent protecting the deceased, or someone with a family reason worth protecting, unless the law excludes it or, for information society services offered directly to the person, the deceased expressly forbade it by written declaration.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
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