1. The interested party or the person who collected the personal data are informed orally or in writing about:

a) the purposes and methods of processing for which the data are intended;

b) the obligatory or voluntary nature of providing data;

c) the consequences of a refusal to respond;

d) the persons or classes of persons to whom the data may be communicated or who can learn about them as managers or agents, and the scope of dissemination of said data;

e) the rights referred to in Article 7;

f) the identity of the owner and, if appointed, the representative in the State under Article 5 and the data. When the owner has identified more responsible, at least one of them, indicating the site of the communication network or the methods by which it is easily known the updated list of data. When is a person in charge for the party in the event of exercise of the rights referred to in Article 7, this manager is indicated.

2. The information referred to in paragraph 1 also contains the elements provided by specific provisions of this code and may not include elements already known to the person providing the data or whose knowledge can hinder the performance concrete, by a public subject, of inspections or monitoring data for purposes of defense or state security or the prevention, detection or suppression of crime.

3. The Guarantor may issue a provision to set out simplified information given in particular, telephone services providing assistance and information to the public.

4. If personal data are not collected from the person concerned, the information referred to in paragraph 1, including the categories of processed data, is given subject at the time of recording such data or, when their communication is provided not after the first communication.

5. The provision in paragraph 4 does not apply when:

a) the data are processed in compliance with an obligation imposed by law, regulation or legislation;

b) the data are processed either for carrying out the investigations by defense counsel as to the Law of 7 December 2000, n. 397, or at least to assert or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor;

c) the information to the data involves the use of means that the Guarantor, prescribing any appropriate measures, stating clearly disproportionate to the protected right, that proves, in the opinion of the Guarantor, impossible.


(1) The law of 27 February 2009, n. 14 on conversion amending Decree-Law of 30 December 2008, n. 207, has added the following paragraph: Art. 44 - Provisions on protection of privacy [...] 1-bis - The personal data contained in databases set up on the basis of telephone formats before 1 August 2005 lawfully be used for promotional purposes until 31 December 2009, notwithstanding Articles 13 and 23 of the Code regarding the protection of personal data contained in the Decree of 30 June 2003, n. 196, only by data controllers who have managed to establish such databases before 1 August 2005. [...]

(2) The Law of 20 November 2009, n. 166, on conversion amending Decree-law 25 September 2009 n. 135, ruled that Article 44, paragraph 1-bis of the Decree-Law of 30 December 2008, n. 207, ratified with amendments by Law 27 February 2009 n. 14, the words: "until 31 December 2009" are replaced by "until the end of six months following the date of entry into force of the law converting Decree-Law 25 September 2009, n. 135".


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