Privacy policy

Rights of the data subject (GDPR, Articles 15-22)

Right of access (Art. 15)

The data subject has the right to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed and, where that is the case, access to the personal data and the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the data controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the right to lodge a complaint with a supervisory authority (in Italy, the Garante per la protezione dei dati personali);
• where the personal data is not collected from the data subject, any available information as to its source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data is transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

The data controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the data controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested, the information is provided in a commonly used electronic form. The right to obtain a copy must not adversely affect the rights and freedoms of others.

Right to rectification (Art. 16)

The data subject has the right to obtain from the data controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure (“right to be forgotten”) (Art. 17)

The data subject has the right to obtain from the data controller the erasure of personal data concerning them without undue delay, and the data controller has the obligation to erase personal data without undue delay, where one of the following grounds applies:

• the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
• the data subject withdraws the consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a), and there is no other legal ground for the processing;
• the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
• the personal data has been unlawfully processed;
• the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject;
• the personal data has been collected in relation to the offer of information society services referred to in Article 8(1).

Where the data controller has made the personal data public and is obliged to erase it, the data controller, taking account of available technology and the cost of implementation, takes reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure of any links to, or copies or replications of, that personal data.

The above does not apply to the extent that processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
• for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3);
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1), in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing;
• for the establishment, exercise or defence of legal claims.

Right to restriction of processing (Art. 18)

The data subject has the right to obtain from the data controller restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data;
• the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;
• the data controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims;
• the data subject has objected to processing pursuant to Article 21(1), pending the verification of whether the legitimate grounds of the data controller override those of the data subject.

Where processing has been restricted, such personal data is, with the exception of storage, only processed with the data subject’s consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing is informed by the data controller before the restriction is lifted.

Notification obligation regarding rectification, erasure or restriction (Art. 19)

The data controller communicates any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. The data controller informs the data subject about those recipients if the data subject requests it.

Right to data portability (Art. 20)

The data subject has the right to receive the personal data concerning them, which they have provided to a data controller, in a structured, commonly used and machine-readable format, and has the right to transmit that data to another data controller without hindrance from the data controller to which the personal data has been provided, where:

• the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a), or on a contract pursuant to Article 6(1)(b); and
• the processing is carried out by automated means.

In exercising the right to data portability, the data subject has the right to have the personal data transmitted directly from one data controller to another, where technically feasible. The exercise of this right is without prejudice to Article 17 and does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. The right to data portability must not adversely affect the rights and freedoms of others.

Right to object (Art. 21)

The data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Article 6(1)(e) or (f), including profiling based on those provisions. The data controller no longer processes the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

Where personal data is processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing, including profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data is no longer processed for such purposes.

At the latest at the time of the first communication with the data subject, the right to object is explicitly brought to the attention of the data subject and presented clearly and separately from any other information. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise the right to object by automated means using technical specifications.

Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to their particular situation, has the right to object to processing of personal data concerning them, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Automated individual decision-making, including profiling (Art. 22)

The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. This does not apply if the decision:

• is necessary for entering into, or the performance of, a contract between the data subject and a data controller;
• is authorised by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests;
• is based on the data subject’s explicit consent.

In the cases referred to in the first and third points, the data controller implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the data controller, to express their point of view and to contest the decision. Such decisions are not based on the special categories of personal data referred to in Article 9(1), unless Article 9(2)(a) or (g) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.