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STANDARDS
Casella di testo: Casella di testo: Privacy Laws Privacy Privacy Laws Privacy More information by visiting www.garanteprivacy.it With the entry into force of L.31-12-1996 No 675 which provides the "PROTECTION OF PERSONS AND OTHER SUBJECTS IN RELATION TO PERSONAL DATA" were provided guarantees for the processing of personal data in order to ensure that it takes place in the respect for human rights, fundamental freedoms and the the dignity of individuals, with particular reference to privacy and personal identity. In addition, the warranty extends also to the rights of legal persons and any other institution or association. The art. 18 of the Act clarifies immediately that anyone cagiona harm to others as a result of the processing of personal data is required to compensation under Article. 2050 c.c. (which governs cases of liability for the exercise of dangerous activities and exempting from this responsibility only those who can prove that they have taken all appropriate measures to avoid the damage). Moreover, according to Article. 32, the Office of the Ombudsman, established for the protection of persons and other persons with regard to the processing of personal data, has the right to carry out checks and controls to make sure they complied with the provisions of the Act. There is also an entire head (the head VIII) dedicated to the "penalties" for violations of the provisions of the Act. Among these, art. 36, the case is scheduled to he who fails to take the necessary measures to ensure the security of personal data. This article has been replaced by that provided in the Decree Legislative 28.12.2001 n.467, which contains provisions remedial and supplementary regulations concerning the protection of data, in force since 1 .2.02 is sanctioned the arrest until in two years or a fine of ten million lire to eighty million lire. Also under this Decree-Law shall also been increased and the administrative sanctions. We must not underestimate the requirements contained in the law and subsequent regulations. There are some definitions, Article .1 of the law, which may be helpful to better understand the scope and meaning of the law: A) "database" means any combination of personal data, broken down into one or more units located in one or more sites, organized according to a variety of criteria such as to facilitate certain treatment; B) "treatment" means any transaction or series of transactions, carried out with or without the aid of electronic or automated, regarding the collection, recording, organization, storage, processing, modification, the selection, retrieval, comparison, the use, interconnection, blocking, communication, dissemination, the cancellation and destruction of data; C) "personal information" means any information relating to individual, legal person, entity or association, or can be identified, even indirectly, by reference to any other information, including a personal identification number; D) "holder", the individual, legal person, public administration and any other entity, association or body are responsible for decisions regarding the objectives and methods of treatment of personal data, including the safety profile; E) "responsible", the individual, legal person, public amministrazioine and any other entity, association or body charged by the holder to the processing of personal data; F) "concerned", the individual, legal person, entity or association which the personal data. In this context it is clear the importance of custody and storage of these data. Even so, pursuant to art. 7 of the same law, the owner who wishes to proceed to a processing of personal data is required to give notification to the guarantor and to indicate, among other things, the nature of the data and the place where they are kept and categories of stakeholders which relate; the owner is also required to develop a general description that will assess the adequacy of technical and organizational measures taken for data security, among which there falls the way in which the data was stored and what systems. Article. 9, the law establishes that the data must be kept in a form which permits identification of the person concerned for a period of time not exceeding that necessary for the purposes for which they were collected or further processed. According to art. 15 the subject of personal data must be kept and monitored in relation to the knowledge gained in the light of technical progress, the nature of the data and specific treatment, so as to minimize, through the adoption of appropriate preventive and security measures, the risk of loss or destruction, even accidental, data, unauthorized access or treatment is not permitted or not in accordance with the purpose of the collection. The minimum security measures to be taken in advance are identified by the "Regulation on the identification of minimal security measures for the treatment of personal data under. 15, co.2, L.31.12.1996 675 "issue of the Decree of the President of the Republic 28.7.1999 n.318. According to the regulation, all'art1, "minimum security measures" are measures of the complex technical information, organizational, logistical and procedural security, provided in the rules, what constitutes the minimum level of protection required in relation to expected risks by. 15, co1 of Law. Under Article .6 must be prepared and updated a programmatic document on data security to define on the basis of risk analysis, the distribution of tasks and responsibilities within the structures responsible for the processing of the data: A) organizational and technical criteria for the protection of local areas and affected by the security measures and procedures to control access by authorized persons to the premises themselves; B) the criteria and procedures to ensure the integrity of data; C) the criteria and procedures for the safe transmission of data, including those for the access restrictions electronically; D) developing a training plan to make knowledge responsible for the processing of identified risks and ways to prevent damage. Each holder of treatment data, therefore, should establish the minimum security measures according to the processing of personal data is carried out by electronic means or otherwise automated (Chapter II of the regulation) or by means other than electronic or automated (Head III of the Regulation). In the latter case, if the processing of personal data is carried out for purposes other than those of .3 of the law (processing of personal data carried out by individuals for personal purposes only, not subject to the law, provided that the data are not intended for a systematic communication and dissemination) the acts and documents containing data must be stored in files to access selected and, if entrusted to the charge of the treatment, must be kept by them and returned at the end of operations entrusted . In the case of processing data referred to in Articles. 22 and 24 of the Act (art.22-sensitive information, namely related to racial and ethnic, religious beliefs, philosophical, political opinions, membership of parties, trade unions, associations and organizations with a religious, philosophical, trade union or political, as well as personal data which may reveal the state of health and sex life; art.24-data relating to health), if entrusted to the charge of the treatment, the acts and documents containing the data are kept up to the refund , in containers equipped with a lock. Supports non-playing computer containing information relating to the processing of personal data referred to artt.22 and 24 must be stored and kept in the same way. ------------------------------------ Finally was issued the Legislative Decree 28.12.01 n.467 containing provisions remedial and supplementary legislation on the protection of personal data in force since 1 .2.02. The legislation on the arrangements for custody of the data has remained unchanged. Read Privacy More information by visiting www.garanteprivacy.it With the entry into force of L.31-12-1996 No 675 which provides the "PROTECTION OF PERSONS AND OTHER SUBJECTS IN RELATION TO PERSONAL DATA" were provided guarantees for the processing of personal data in order to ensure that it takes place in the respect for human rights, fundamental freedoms and the the dignity of individuals, with particular reference to privacy and personal identity. In addition, the warranty extends also to the rights of legal persons and any other institution or association. The art. 18 of the Act clarifies immediately that anyone cagiona harm to others as a result of the processing of personal data is required to compensation under Article. 2050 c.c. (which governs cases of liability for the exercise of dangerous activities and exempting from this responsibility only those who can prove that they have taken all appropriate measures to avoid the damage). Moreover, according to Article. 32, the Office of the Ombudsman, established for the protection of persons and other persons with regard to the processing of personal data, has the right to carry out checks and controls to make sure they complied with the provisions of the Act. There is also an entire head (the head VIII) dedicated to the "penalties" for violations of the provisions of the Act. Among these, art. 36, the case is scheduled to he who fails to take the necessary measures to ensure the security of personal data. This article has been replaced by that provided in the Decree Legislative 28.12.2001 n.467, which contains provisions remedial and supplementary regulations concerning the protection of data, in force since 1 .2.02 is sanctioned the arrest until in two years or a fine of ten million lire to eighty million lire. Also under this Decree-Law shall also been increased and the administrative sanctions. We must not underestimate the requirements contained in the law and subsequent regulations. There are some definitions, Article .1 of the law, which may be helpful to better understand the scope and meaning of the law: A) "database" means any combination of personal data, broken down into one or more units located in one or more sites, organized according to a variety of criteria such as to facilitate certain treatment; B) "treatment" means any transaction or series of transactions, carried out with or without the aid of electronic or automated, regarding the collection, recording, organization, storage, processing, modification, the selection, retrieval, comparison, the use, interconnection, blocking, communication, dissemination, the cancellation and destruction of data; C) "personal information" means any information relating to individual, legal person, entity or association, or can be identified, even indirectly, by reference to any other information, including a personal identification number; D) "holder", the individual, legal person, public administration and any other entity, association or body are responsible for decisions regarding the objectives and methods of treatment of personal data, including the safety profile; E) "responsible", the individual, legal person, public amministrazioine and any other entity, association or body charged by the holder to the processing of personal data; F) "concerned", the individual, legal person, entity or association which the personal data. In this context it is clear the importance of custody and storage of these data. Even so, pursuant to art. 7 of the same law, the owner who wishes to proceed to a processing of personal data is required to give notification to the guarantor and to indicate, among other things, the nature of the data and the place where they are kept and categories of stakeholders which relate; the owner is also required to develop a general description that will assess the adequacy of technical and organizational measures taken for data security, among which there falls the way in which the data was stored and what systems. Article. 9, the law establishes that the data must be kept in a form which permits identification of the person concerned for a period of time not exceeding that necessary for the purposes for which they were collected or further processed. According to art. 15 the subject of personal data must be kept and monitored in relation to the knowledge gained in the light of technical progress, the nature of the data and specific treatment, so as to minimize, through the adoption of appropriate preventive and security measures, the risk of loss or destruction, even accidental, data, unauthorized access or treatment is not permitted or not in accordance with the purpose of the collection. The minimum security measures to be taken in advance are identified by the "Regulation on the identification of minimal security measures for the treatment of personal data under. 15, co.2, L.31.12.1996 675 "issue of the Decree of the President of the Republic 28.7.1999 n.318. According to the regulation, all'art1, "minimum security measures" are measures of the complex technical information, organizational, logistical and procedural security, provided in the rules, what constitutes the minimum level of protection required in relation to expected risks by. 15, co1 of Law. Under Article .6 must be prepared and updated a programmatic document on data security to define on the basis of risk analysis, the distribution of tasks and responsibilities within the structures responsible for the processing of the data: A) organizational and technical criteria for the protection of local areas and affected by the security measures and procedures to control access by authorized persons to the premises themselves; B) the criteria and procedures to ensure the integrity of data; C) the criteria and procedures for the safe transmission of data, including those for the access restrictions electronically; D) developing a training plan to make knowledge responsible for the processing of identified risks and ways to prevent damage. Each holder of treatment data, therefore, should establish the minimum security measures according to the processing of personal data is carried out by electronic means or otherwise automated (Chapter II of the regulation) or by means other than electronic or automated (Head III of the Regulation). In the latter case, if the processing of personal data is carried out for purposes other than those of .3 of the law (processing of personal data carried out by individuals for personal purposes only, not subject to the law, provided that the data are not intended for a systematic communication and dissemination) the acts and documents containing data must be stored in files to access selected and, if entrusted to the charge of the treatment, must be kept by them and returned at the end of operations entrusted . In the case of processing data referred to in Articles. 22 and 24 of the Act (art.22-sensitive information, namely related to racial and ethnic, religious beliefs, philosophical, political opinions, membership of parties, trade unions, associations and organizations with a religious, philosophical, trade union or political, as well as personal data which may reveal the state of health and sex life; art.24-data relating to health), if entrusted to the charge of the treatment, the acts and documents containing the data are kept up to the refund , in containers equipped with a lock. Supports non-playing computer containing information relating to the processing of personal data referred to artt.22 and 24 must be stored and kept in the same way. ------------------------------------ Finally was issued the Legislative Decree 28.12.01 n.467 containing provisions remedial and supplementary legislation on the protection of personal data in force since 1 .2.02. The legislation on the arrangements for custody of the data has remained unchanged. Read Privacy More information by visiting www.garanteprivacy.it With the entry into force of L.31-12-1996 No 675 which provides the "PROTECTION OF PERSONS AND OTHER SUBJECTS IN RELATION TO PERSONAL DATA" were provided guarantees for the processing of personal data in order to ensure that it takes place in the respect for human rights, fundamental freedoms and the the dignity of individuals, with particular reference to privacy and personal identity. In addition, the warranty extends also to the rights of legal persons and any other institution or association. The art. 18 of the Act clarifies immediately that anyone cagiona harm to others as a result of the processing of personal data is required to compensation under Article. 2050 c.c. (which governs cases of liability for the exercise of dangerous activities and exempting from this responsibility only those who can prove that they have taken all appropriate measures to avoid the damage). Moreover, according to Article. 32, the Office of the Ombudsman, established for the protection of persons and other persons with regard to the processing of personal data, has the right to carry out checks and controls to make sure they complied with the provisions of the Act. There is also an entire head (the head VIII) dedicated to the "penalties" for violations of the provisions of the Act. Among these, art. 36, the case is scheduled to he who fails to take the necessary measures to ensure the security of personal data. This article has been replaced by that provided in the Decree Legislative 28.12.2001 n.467, which contains provisions remedial and supplementary regulations concerning the protection of data, in force since 1 .2.02 is sanctioned the arrest until in two years or a fine of ten million lire to eighty million lire. Also under this Decree-Law shall also been increased and the administrative sanctions. We must not underestimate the requirements contained in the law and subsequent regulations. There are some definitions, Article .1 of the law, which may be helpful to better understand the scope and meaning of the law: A) "database" means any combination of personal data, broken down into one or more units located in one or more sites, organized according to a variety of criteria such as to facilitate certain treatment; B) "treatment" means any transaction or series of transactions, carried out with or without the aid of electronic or automated, regarding the collection, recording, organization, storage, processing, modification, the selection, retrieval, comparison, the use, interconnection, blocking, communication, dissemination, the cancellation and destruction of data; C) "personal information" means any information relating to individual, legal person, entity or association, or can be identified, even indirectly, by reference to any other information, including a personal identification number; D) "holder", the individual, legal person, public administration and any other entity, association or body are responsible for decisions regarding the objectives and methods of treatment of personal data, including the safety profile; E) "responsible", the individual, legal person, public amministrazioine and any other entity, association or body charged by the holder to the processing of personal data; F) "concerned", the individual, legal person, entity or association which the personal data. In this context it is clear the importance of custody and storage of these data. Even so, pursuant to art. 7 of the same law, the owner who wishes to proceed to a processing of personal data is required to give notification to the guarantor and to indicate, among other things, the nature of the data and the place where they are kept and categories of stakeholders which relate; the owner is also required to develop a general description that will assess the adequacy of technical and organizational measures taken for data security, among which there falls the way in which the data was stored and what systems. Article. 9, the law establishes that the data must be kept in a form which permits identification of the person concerned for a period of time not exceeding that necessary for the purposes for which they were collected or further processed. According to art. 15 the subject of personal data must be kept and monitored in relation to the knowledge gained in the light of technical progress, the nature of the data and specific treatment, so as to minimize, through the adoption of appropriate preventive and security measures, the risk of loss or destruction, even accidental, data, unauthorized access or treatment is not permitted or not in accordance with the purpose of the collection. The minimum security measures to be taken in advance are identified by the "Regulation on the identification of minimal security measures for the treatment of personal data under. 15, co.2, L.31.12.1996 675 "issue of the Decree of the President of the Republic 28.7.1999 n.318. According to the regulation, all'art1, "minimum security measures" are measures of the complex technical information, organizational, logistical and procedural security, provided in the rules, what constitutes the minimum level of protection required in relation to expected risks by. 15, co1 of Law. Under Article .6 must be prepared and updated a programmatic document on data security to define on the basis of risk analysis, the distribution of tasks and responsibilities within the structures responsible for the processing of the data: A) organizational and technical criteria for the protection of local areas and affected by the security measures and procedures to control access by authorized persons to the premises themselves; B) the criteria and procedures to ensure the integrity of data; C) the criteria and procedures for the safe transmission of data, including those for the access restrictions electronically; D) developing a training plan to make knowledge responsible for the processing of identified risks and ways to prevent damage. Each holder of treatment data, therefore, should establish the minimum security measures according to the processing of personal data is carried out by electronic means or otherwise automated (Chapter II of the regulation) or by means other than electronic or automated (Head III of the Regulation). In the latter case, if the processing of personal data is carried out for purposes other than those of .3 of the law (processing of personal data carried out by individuals for personal purposes only, not subject to the law, provided that the data are not intended for a systematic communication and dissemination) the acts and documents containing data must be stored in files to access selected and, if entrusted to the charge of the treatment, must be kept by them and returned at the end of operations entrusted . In the case of processing data referred to in Articles. 22 and 24 of the Act (art.22-sensitive information, namely related to racial and ethnic, religious beliefs, philosophical, political opinions, membership of parties, trade unions, associations and organizations with a religious, philosophical, trade union or political, as well as personal data which may reveal the state of health and sex life; art.24-data relating to health), if entrusted to the charge of the treatment, the acts and documents containing the data are kept up to the refund , in containers equipped with a lock. Supports non-playing computer containing information relating to the processing of personal data referred to artt.22 and 24 must be stored and kept in the same way. ------------------------------------ Finally was issued the Legislative Decree 28.12.01 n.467 containing provisions remedial and supplementary legislation on the protection of personal data in force since 1 .2.02. The legislation on the arrangements for custody of the data has remained unchanged.
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