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Law 31 December 1996 n. 675

Protection of people and other subjects in respect of the processing of personal data

Rights of the concerned party

Art. 13

1. In relation to the processing of personal data, the concerned party has the following rights:

a) to know the existence of data processing which may relate to him via free access to the register referred to in article 31, paragraph 1, letter a);

b) to be informed on what is shown in article 7, paragraph 4, letter a), b), e h);

c) to obtain from the data controller or the person responsible, without delay:

1) confirmation of the existence or less of personal data which relates to him, even if not yet registered, along with communication in an intelligible format of the same data and its origin, as well as of the logic and purpose on which the processing is based; this request can be renewed, except where a justifying reason exists to the contrary, after an interval of no less than ninety days;

2) the cancellation, the transformation to anonymity or the blocking of such data processed in violation of the law, including data which does not necessarily need to be conserved in relation to the aims for which the data is gathered or successively processed;

3) update, rectification or in case it is of interest, integration of the data;

4) attestation that the operations referred to in numbers 2) and 3) have been brought to the knowledge, even as far as their content is concerned, of those whose data has been communicated or disseminated; excluding the case in which carrying this out is demonstrated to be impossible or entails an employment of means manifestly disproportionate to the protected right;

d) to be opposed for legitimate reasons, entirely or in part, to the processing of personal data which relates to him, even if pertinent to the aim of collection;

e) to be opposed to the treatment of personal data which relates to him, entirely or in part, when it is foreseen to be for purposes of commercial information or of sending of advertising material or direct sale or for the fulfilment of market research or interactive commercial communication; and additionally, to be informed by the data controller of the possibility of freely exercising such a right, no later than at the moment of communication or dissemination of the data.

2. For each request referred to in paragraph 1, letter c), number 1), an expense contribution may be requested from the concerned party where the existence of data which relates to him is not confirmed. This expense contribution must not exceed the costs actually sustained, according to the conditions and between the limits established by the regulation referred to in article 33, paragraph 3.

3. The rights referred to in paragraph 1 referring to personal data concerning deceased persons can be exercised by anyone who has an interest.

4. The concerned party can in writing transfer, delegate or supply to physical persons and associations the exercise of the rights referred to in paragraph 1.

5. The laws on legal privilege exercised by professional journalists remain firm and provisionally limited to the news source.

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