Generalized civic access
How to exercise the right
Presentation of the application
The request for generalized civic access can be sent via certified e-mail or ordinary e-mail, by fax, by post or delivered by hand.
Applications sent electronically (fax, e-mail or certified mail) are valid if signed and presented together with a copy of the identity document.
Applications sent by e-mail signed with a digital signature are also valid.
The identification of the applicant is considered indispensable for the purposes of a correct management of the applications, so that in the event of an anonymous request or by a person whose identity is uncertain, the administration will communicate to the applicant, where possible, the need to identify himself as indicated above.
Identification of the subject of the request
The application must allow the administration to identify the data or documents that are to be obtained, and does not require a motivation.
In case of requests formulated in generic or purely exploratory terms, the same will be declared inadmissible when the applicant, invited (in writing) to redefine the subject of the application or to indicate the elements sufficient to allow the identification of the data or documents of his interest, has not provided the requested clarifications.
The request can be presented , using the specially prepared form, alternatively:
- to the Office that holds the data or documents
(the structure of the State Attorney's Offices is described in the Organization Section - Structure of the offices and the contacts of the same Offices can be found in the Organization Section - Telephone and e-mail , where telephone numbers, institutional e-mail boxes are indicated and certified e-mail boxes)
That is, in the event that there is no certainty regarding the competent office:
- to the Public Relations Office - URP
to the email address: ufficio1.affarigenerali@avvocaturastato.it
or at the certified email address: ufficio1.affarigenerali@mailcert.avvocaturastato.it
by ordinary mail or by hand to the address: Public Relations Office at Office I AA.GG. and Personnel - General State Attorney - Via dei Portoghesi, 12 - 00186 Rome
by fax: 06 68211273
The Head of Corruption Prevention and Transparency can only receive requests for simple civic access (data, information or documents subject to mandatory publication) as well as requests for review of decisions on generalized access.
The Office not competent to receive or process the request for access forwards it to the competent person and, in the case of a different administration, the receiving Office forwards it to the competent administration, notifying the applicant.
Terms of the procedure
The civic access procedure must be concluded with an express and motivated provision within thirty days from the presentation of the application with the communication to the applicant and any counter-interested parties. In case of acceptance, the administration will promptly transmit the requested data or documents to the applicant.
The existence of counter-interested parties obliges the administration to notify them of the request received by sending a copy by registered letter with acknowledgment of receipt or electronically for those who have allowed this form of communication, granting a deadline of ten days for the presentation. of reasoned opposition.
Starting from the communication to the counter-interested parties, the term of thirty days is suspended until the possible opposition of the counter-interested parties, therefore up to a maximum of ten days.
The provision that accepts the access request in the event of opposition is communicated to the applicant and to the counter-interested party with the specification that, if fifteen days have elapsed from the receipt of the communication of acceptance by the same counter-interested party, he / she does not notify appeals or requests for review on the same application access, the administration will transmit the requested data or documents to the applicant.
Request for review
In cases of total or partial denial of access or failure to reply within the deadline set by law, the applicant can submit a request for review to the person responsible for the prevention of corruption and transparency ( accesso.civico@avvocaturastato.it ; ufficio2.igianato @ mailcert.avvocaturastato.it ), which decides with a motivated provision, within the term of twenty days, except for the longer term provided in the case of an appeal by the Guarantor for the protection of personal data.
Protection of generalized civic access
Against the decision of the competent administration or, in the event of a request for review, against that of the Head of Corruption Prevention and Transparency, the applicant can appeal to the Regional Administrative Court pursuant to Article 116 of the Code of the administrative process referred to to the legislative decree 2 July 2010, n. 104.