D. Lgs. n. 196/2003 – Title III: General data processing rules – Chapter I: Rules applying to all data processing operations

Article 13 – Information to data subjects (1)

1. The data subject as well as any entity from whom or which personal data are collected shall be preliminarily informed, either orally or in writing, as to:
a) the purposes and modalities of the processing for which the data are intended;
b) the obligatory or voluntary nature of providing the requested data;
c) the consequences if (s)he fails to reply;
d) the entities or categories of entity to whom or which the data may be communicated, or who/which may get to know the data in their capacity as data processors or persons in charge of the processing, and the scope of dissemination of said data;
e) the rights as per Section 7;
f) the identification data concerning the data controller and, where designated, the data controller’s representative in the State’s territory pursuant to Section 5 and the data processor. If several data processors have been designated by the data controller, at least one among them shall be referred to and either the site on the communications network or the mechanisms for easily accessing the updated list of data processors shall be specified. If a data processor has been designated to provide responses to data subjects in case the rights as per Section 7 are exercised, such data processor shall be referred to.
2. The information as per paragraph 1 shall also contain the items referred to in specific provisions of this Code and may fail to include certain items if the latter are already known to the entity providing the data or their knowledge may concretely impair supervisory or control activities carried out by public bodies for purposes related to defence or State security, or else for the prevention, suppression or detection of offences.
3. The Authority may issue a provision to set out simplified information arrangements as regards, in particular, telephone services providing assistance and information to the public.
4. Whenever the personal data are not collected from the data subject, the information as per paragraph 1, also including the categories of processed data, shall be provided to the data subject at the time of recording such data or, if their communication is envisaged, no later than when the data are first communicated.
5. Paragraph 4 shall not apply:
a) if the data are processed in compliance with an obligation imposed by a law, regulations or Community legislation;
b) if the data are processed either for carrying out the investigations by defence counsel as per Act no. 397 of 07.12.2000 or to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor;
c) if the provision of information to the data subject involves an effort that is declared by the Authority to be manifestly disproportionate compared with the right to be protected, in which case the Authority shall lay down suitable measures, if any, or if it proves impossible in the opinion of the Authority.

(1) Law 14/2009, amending and converting decreto-legge 207/2008, n. 207, has added the paragraph as follows:
Art. 44 – Provisions relating to the protection of confidentiality
1-bis – Any personal data stored in databases set up on the basis of telephone directories dating before 1 August 2005 may be legally used for promotional purposes only until 31 December 2009, notwithstanding articles 13 and 23 of the Personal Data Protection Code introduced by  the decreto legislativo of 30 June 2003, no. 196, solely by the data controllers who set up the databases before 1 August 2005.