Civic and documentary access

Last update:09-07-2021 10:39:29

Pursuant to art. 5, paragraph 1, of the legislative decree 14/03/2013 n. 33, anyone has the right to request documents, information or data from the public administrations for which the publication obligation applies, in cases where their publication has been omitted (so-called simple civic access ).

Pursuant to paragraph 2 of the aforementioned article, in order to promote widespread forms of control over the pursuit of institutional functions and the use of public resources and to promote participation in public debate, anyone has the right to access the data and documents held by public administrations, additional to those subject to publication pursuant to this decree, in compliance with the limits relating to the protection of legally relevant interests pursuant to the provisions of article 5-bis (so-called Generalized civic access ).

The exercise of the right of civic access is not subject to any limitation as to the subjective legitimacy of the applicant and the request must not be motivated.

The release of data or documents in electronic or paper format is free, except for the reimbursement of the cost actually incurred and documented by the administration for the reproduction on material supports.

Access log

Pursuant to art. 5-bis of Legislative Decree no. 33/2013 as well as art. 2 of the Prime Ministerial Decree of 26 January 1996, n. 200 , Regulation containing rules for the discipline of categories of documents formed or in any case falling within the scope of the powers of the State Attorney removed from the right of access (recalled by Resolution no.1309 of 28 December 2016 of the National Anti -corruption Authority for the adoption of "Guidelines containing operational indications for the purpose of defining the exclusions and limits to civic access", in paragraph 6. The absolute exceptions, 6.2. Other cases of secrecy or prohibition of disclosure), are removed from access, by virtue of of the professional secrecy already provided for by the law, in order to safeguard the confidentiality in the relationship between the defender and the defended , the following documents:

a) Opinions given in relation to potential or pending litigation and the inherent correspondence;

b) Deeds of defension;

c) Correspondence relating to the business referred to in points a) and b).

Pursuant to art. 4 of the aforementioned Prime Ministerial Decree, in cases of consultancy not related to a dispute, in potential or in progress, access to the related documents may be deferred until the adoption of the administrative measures, to which the consultancy itself is preordained, by the administration consiliata, to which the access instance is addressed. The administration provides for access after hearing the State Attorney's Office.

The possibility of exercising the right of access to administrative documents provided for by law no. 241/1990, Chapter V (so-called Access to documents ), which implies the right to view and extract a copy of administrative documents, recognized to all private subjects who have a direct, concrete and current interest, corresponding to a legally protected situation and linked to the document to which access is requested.

Information on personal data

The submission of the application for access involves the processing of personal data for the purposes of managing the related application, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 "relating to the protection of individuals with regard to processing of personal data, as well as the free circulation of such data and which repeals Directive 95/46 / EC (General Data Protection Regulation "(hereinafter the Regulation).

The personal data being processed will be used exclusively for the pursuit of institutional purposes; in particular, the data will be processed for purposes connected and instrumental to carrying out the access procedure, also with the use of computerized procedures, in the ways and limits necessary to pursue these purposes.

The data provided will be collected and processed at the Attorney General of the State, the Data Controller.

Pursuant to and for the purposes of the Regulation, the interested parties have the right to obtain from the Data Controller, in the cases provided for, access to personal data and the correction or cancellation of the same or the limitation of the processing that concerns them or to oppose the processing (articles . 15 et seq. Of the Regulation). If the interested party considers that the processing of personal data occurs in violation of the provisions of the Regulation, he has the right to lodge a complaint with the Guarantor, as provided for by art. 77 of the Regulation itself, or to take the appropriate judicial offices (Article 79 of the Regulation).
The contact data of the Data Controller, to whom you can contact to exercise the rights indicated above, is: Avvocatura dello Stato, based in Rome (Italy), Via dei Portoghesi n. 12, 00186; Tel .: (+39) 06.68291; E-mail: roma@avvocaturastato.it; PEC: roma@mailcert.avvocaturastato.it .
Interested parties may also contact the Data Protection Officer for all matters relating to the processing of their personal data and the exercise of their rights deriving from the Regulation.
The contact details of the Data Protection Officer at the State Attorney's Office is: State Attorney - Head of Personal Data Protection, Via dei Portoghesi n. 12, IT-00186, Rome, email: rpd@avvocaturastato.it