2004 freedominfo.org Global Survey Results - Italy
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Chapter V of Law No. 241 of 7 August 1990 provides for access to administrative documents. (1) The right to access is limited. The law states that those requesting information must have "an interest to safeguard in legally relevant situations." The 1992 regulations require "a personal concrete interest to safeguard in legally relevant situations." The courts have ruled that this includes the right of environmental groups and local councilors to demand information on behalf of those they represent.

Documents include "any graphic, photographic, cinematic, electromagnetic or other representation of the contents of acts, including internal acts, produced by public administrations or used for purposes of administrative activity." It applies to "administrative bodies of the state, including special and autonomous bodies, public entities and the providers of public services, as well as guarantee and supervisory authorities." Public bodies must respond within 30 days but they can delay release if this would "prevent or severely impede the performance of administrative action."

Information can be withheld when it relates to a) security, national defense and international relations; b) monetary and foreign exchange policy; c) public order, prevention and repression of crime and d) privacy of third parties. The 1992 regulations require that nondisclosure must generally be justified in terms of "concrete damage" to the public interest, but they also state that access may be denied if there is specific, identified damage to national security and defense or international relations; if there is a danger of damaging monetary and foreign exchange policy; and if they relate to the enforcement of laws and the privacy and confidentiality of individuals, legal persons, groups, enterprises and associations.

Appeals can be made to a regional administrative court. The decision of the court can be appealed to the Council of State.

Government bodies are required to publish "all directives, programs, rules, instructions, circulars and all acts concerning the organizations, functions, or purposes of a public administrative body." Each body must keep a database of information requests, which is linked to a national database.

The law also created a Committee on Access to Administrative Documents under the Office of the Prime Minister. (2) The Committee issues an annual report and can request all documents except those subject to state secrecy. The Committee is also tasked with operating and analyzing the general databank of information requests.

Law 142/90 on local authorities gives rights to access administrative documents for public participation in local administration.

Italy signed the Aarhus Convention in 1998 and ratified in 2001. Under Law 349/86, any citizen has a right of access to information related to the environment held by the Ministry of the Environment. The courts have ruled that environmental information is broadly defined. (3) A 1997 decree implements the 1990 EU environmental information directive and does not require a specific interest. (4) The European Court of Human Rights ruled in the 1998 case of Guerra v Italy that governments had an obligation to inform citizens of risks from a chemical factory under Article 8 (protecting privacy and family life) of the European Convention on Human Rights, which Italy failed to do. (5)

Under the Data Protection Act of 1996, individuals can access records containing personal information about themselves held by public and private bodies. (6) It is enforced by the Garante. (7)

Notes

1. Law No. 241 of 7 August 1990. http://www.governo.it/Presidenza/DICA/documentazione_accesso/normativa/legge241_1990_eng.html

2. Homepage: http://www.governo.it/Presidenza/ACCESSO/index.html

3. See Hallo, Access to Environmental Information in Europe: Italy (Kluwer Law 1996).

4. Decreto legislativo del 24/02/1997 n. 39, Attuazione della direttiva 90/313/CEE, concernente la libertà di accesso alle informazioni in materia di ambiente, Supplemento ordinario alla Gazzetta Ufficiale Serie generale, n.54, del 06/03/1997, pag 3.

5. Case of Guerra and Others v. Italy (116/1996/735/932), 19 February 1998. http://www.eel.nl/cases/ECHR/guerra.htm

6. Protection of individuals and other subjects with regard to the processing of personal data Act no. 675 of 31.12.1996. http://www2.garanteprivacy.it/garante/frontdoor/1,1003,,00.html?LANG=2

7. Homepage: http://www2.garanteprivacy.it/garante/HomePageNs