VeniceApartment > Disclosure in accordance with article 13 of the Privacy Code

DISCLOSURE IN ACCORDANCE WITH ARTICLE 13 OF THE PRIVACY CODE

Article. 13. Disclosure

1. The interested party, or the person whose personal data has been collected, is informed beforehand either orally or in writing about:

a) the purpose and manner of the handling of the data;

b) the mandatory or optional nature of data provision;

c) the consequences of refusing to respond;

d) the names of responsible persons or categories of responsible persons being those persons who are responsible or entrusted with the personal information, those to whom the personal information can be communicated or can become aware of; and the extent to which the information can be disclosed;

e) the rights in accordance with article 7;

f) the identification details of the data controller and, if designated, of its representative for the country in accordance with article 5, and of those in charge.  When the data controller has designated several persons, at least one of them is specified, indicating the website or the means by which the updated list of those responsible can be easily obtained.  If a subject is designated as responsible for replying to the interested party, in the event that they exercise the rights provided for in article 7, the name of this person is specified.

2. The information in accordance with paragraph 1 also contains elements which are provided for by specific provisions of this code and may not include elements which are already known to the person who provides the information or which knowledge could obstruct inspections or controls being carried out by a public officer for national defence or security purposes or for crime prevention, assessment or repression.

3. The Information Commissioner can take measures to establish simplified arrangements for the information provided, for example, by telephone assistance and public information.

4. If the personal information is not collected from the interested party, the disclosure in accordance with paragraph 1, including the categories of information handled, shall be provided to the interested party at the time of recording the information or, if their communication is requested, no later than when the information is first communicated.

5. The provision in article 4 is not applied when:

a) the data is handled on the basis of a law, a regulation or of any EU legislation;

b) the data is handled for the purposes of carrying out defensive investigations in accordance with law no. 397 of 7th December 2000, or otherwise to enforce or defend a legal claim as long as the information is only handled for these purposes and for the period strictly necessary to accomplish them;

c) the disclosure to the interested party involves the use of  means which the Information Commissioner, establishing any appropriate measures, declares are manifestly disproportionate in respect of the protected right or is revealed, in the judgement of the Commissioner, to be impossible.

5-bis. The disclosure as per paragraph 1 is not due if curricula are received, submitted spontaneously by interested parties, in order to establish a working relationship. At the time of the first contact after the curriculum has been sent, the data controller is obliged to provide to the interested party, also orally, a brief disclosure containing as a minimum the elements referred to in paragraph 1, letters a), d) and f). (1)

 

(1) Paragraph introduced by article 6, paragraph 2, letter a), number 2), of Decree Law No 70, of 13th May 2011, converted, with amendments, into Law no 106 of 12th July 2011.