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.
As of .
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 deceased forbade it in writing, under Codice Article 2-terdecies.
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 deceased forbade it in writing.
When LexLint raises it
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