Italy
Name of law: Reorganization of the law relating to the right to civic access and disclosure requirements, transparency and dissemination of information by public authorities
First adopted: 1990
Last modified: 2016-05
RTI Rating last updated: 2016-11
First adopted: 1990
Last modified: 2016-05
RTI Rating last updated: 2016-11
Introduction
Italy’s legal framework for the right to information was subject to comprehensive reforms in 2016, which resulted in substantial improvements. These include the right to ask for access for all information rather than just that which should be proactively published. Additionally, previous requesters were required to provide a reason for access and a "direct interest" to the document. Despite these amendments, Italy maintains a relatively average RTI law. Its main weakness is in its frail external appeal structure, which lacks all independence-based safeguards required by international standards.
Local Expert: Francesca Fanucci
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 22 | 30 |
| 3 | Requesting Procedures | 21 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 9 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 7 | 16 |
| ∑ = 85 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | N/A | Link to the current Constitution of Italy (pdf, English version) here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | Article 3(1) All documents, information and data made available to citizens, including those the disclosure of which, pursuant to the current legislation, is mandatory, are public and, as such, can be freely accessed, used and re-used by whomever pursuant to article 7. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Article 1(1) Transparency is seen as full accessibility to the data and documents held by the public administrations, for the purpose of protecting the fundamental rights of citizens, promoting the participation of any interested party in the administrative activities, and fostering widespread forms of control on the pursuance of the institutional functions and the use of public funds. (2) Transparency, without prejudice to the provisions ruling the state secret, professional secrecy, statistical secrecy and protection of personal data, contributes to the implementation of the democratic principle and the constitutional principles of equality, impartiality, smooth running, responsibility, effectiveness and efficiency in the utilization of public funds, integrity and loyalty in the service to the country. Transparency is a condition for guaranteeing individual and collective freedoms, as well as civil, political and social rights, it adds up to the right to a good administration and contributes to the realization of an open administration, at the service of citizens. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Article 2(1) The provisions of this decree govern the right of whomever to freely access the data held by the public administrations and by the other subjects indicated in article 2-bis, i.e., a right that is guaranteed, without prejudice to the restrictions imposed in relation to the need to protect public and private interests that are deemed to be legally relevant, through the public access and the publications of documents, information and data concerning the organization and activities of the public administrations, and the modalities for their implementation. Article 5(1) The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 5(1) The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Article 2(1) The provisions of this decree govern the right of whomever to freely access the data held by the public administrations and by the other subjects indicated in article 2-bis, i.e., a right that is guaranteed, without prejudice to the restrictions imposed in relation to the need to protect public and private interests that are deemed to be legally relevant, through the public access and the publications of documents, information and data concerning the organization and activities of the public administrations, and the modalities for their implementation. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2-bis.(1) For the purposes of this decree, "public administrations" shall mean all the administrations under article 1, paragraph 2, of Legislative Decree n. 165 dated 30 March 2001, as subsequently amended, including port authorities, as well as independent administrative authorities having protection, supervisory and regulatory powers. | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | N/A | Not mentioned. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | N/A | Administrative documents can be requested (if investigations are finished) as offices of the judicial branch fall under the subjective scope of Article 2-bis.(1). |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | Article 2-bis (2)(a) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: (a) economic public bodies and professional associations; [...] | In principle these are included, but, any listed companies are not covered, hence only 1 point. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2-bis (2)(b) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: [...] (b) public control bodies as defined by article 2 of the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015. Listed companies as defined by the aforesaid decree are excluded; [...] | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2-bis (2)(c) The same rules governing the public administrations under paragraph 1 shall also apply, mutatis mutandis, to: [...] (c) private associations, foundations and bodies however named, including those without legal personality, having a budget exceeding five hundred thousand Euro, whose activity is for the most part financed, for at least two consecutive fiscal years in the last three-year period, by public administrations and in which all of the members/participants of their bodies of management or direction are appointed by public administrations. Article 2-bis (3) The same legislation governing the public administrations under paragraph 1, shall apply, mutatis mutandis, only with respect to the data and documents concerning the activity of public interest regulated by domestic law or European law, to semi-public companies as defined by the legislative decree issued for the purpose of implementing article 18 of Law no. 124 of 7 August 2015, and the associations, foundations and private bodies, including those without legal personality, having a budget exceeding five thousand Euro, and performing administrative functions, activities of production of goods and services in favour of public administrations or of management of public services. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | Article 5(3) The exercise of the right referred to in paragraphs 1 and 2 is not subject to any restriction as far as the applicants' credentials are concerned. The application for public access shall specify which data, information or documents are requested giving no reason in relation thereto. The application may be sent either electronically in accordance with the modalities set out in Legislative Decree n. 82 of 7 March 2005 as subsequently modified, or directly to one of the following offices: (a) the office holding the data, information or documents; (b) the public relation office; (c) any other office indicated by the administration in the section "Transparent Administration" of its institutional website (d) the person in charge of preventing corruption and guaranteeing transparency, if the application concerns data, information or documents the publication of which, pursuant to this decree, is mandatory. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | Article 5(1) The obligation to publish documents, information or data, envisaged for the public administrations by the legislation currently in force, entails the right of everyone to request the publication of any document, information or datum the publication of which has been omitted. (2) For the purpose of fostering widespread forms of control on the pursuance of the institutional functions and the use of public funds and promoting the participation to the public debate, everyone has the right to access the data and documents held by the public administrations other than the ones subject to publication pursuant to this decree, without prejudice to the restrictions imposed in relation to the need to protect legally relevant interests as provided for by art. 5-bis. (3) The exercise of the right referred to in paragraphs 1 and 2 is not subject to any restriction as far as the applicants\' credentials are concerned. The application for public access shall specify which data, information or documents are requested giving no reason in relation thereto. The application may be sent either electronically in accordance with the modalities set out in Legislative Decree n. 82 of 7 March 2005 as subsequently modified, or directly to one of the following offices: (a) the office holding the data, information or documents; (b) the public relation office; (c) any other office indicated by the administration in the section "Transparent Administration" of its institutional website (d) the person in charge of preventing corruption and guaranteeing transparency, if the application concerns data, information or documents the publication of which, pursuant to this decree, is mandatory. | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Article 5(3) The exercise of the right referred to in paragraphs 1 and 2 is not subject to any restriction as far as the applicants' credentials are concerned. The application for public access shall specify which data, information or documents are requested giving no reason in relation thereto. The application may be sent either electronically in accordance with the modalities set out in Legislative Decree n. 82 of 7 March 2005 as subsequently modified, or directly to one of the following offices: (a) the office holding the data, information or documents; (b) the public relation office; (c) any other office indicated by the administration in the section "Transparent Administration" of its institutional website (d) the person in charge of preventing corruption and guaranteeing transparency, if the application concerns data, information or documents the publication of which, pursuant to this decree, is mandatory. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | [Law 150/2000] 8(1) (Ufficio per le relazioni con il pubblico) L\'attività dell\'ufficio per le relazioni con il pubblico è indirizzata ai cittadini singoli e associati. (2) Le pubbliche amministrazioni, entro sei mesi dalla data di entrata in vigore della presente legge, provvedono, nell\'esercizio della propria potest regolamentare, alla ridefinizione dei compiti e alla riorganizzazione degli uffici per le relazioni con il pubblico secondo i seguenti criteri: (a) garantire l\'esercizio dei diritti di informazione, di accesso e di partecipazione di cui alla legge 7 agosto 1990, n. 241, e successive modificazioni; (b) agevolare l\'utilizzazione dei servizi offerti ai cittadini, anche attraverso l\'illustrazione delle disposizioni normative e amministrative, e l\'informazione sulle strutture e sui compiti delle amministrazioni medesime; (c) promuovere l\'adozione di sistemi di interconnessione telematica e coordinare le reti civiche; (d) attuare, mediante l\'ascolto dei cittadini e la comunicazione interna, i processi di verifica della qualit dei servizi e di gradimento degli stessi da parte degli utenti; (e) garantire la reciproca informazione fra l\'ufficio per le relazioni con il pubblico e le altre strutture operanti nell\'amministrazione, nonch fra gli uffici per le relazioni con il pubblico delle varie amministrazioni. (3) Negli uffici per le relazioni con il pubblico l\'individuazione e la regolamentazione dei profili professionali sono affidate alla contrattazione collettiva. | There only exists a general duty to assist, guaranteed by law 150/2000 |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Law 4/2004 establishes the right of people in special needs to access to information and public services. | Law available here. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | The reform of Public Administration (Law 126/2016) 1. Dell\'avvenuta presentazione di istanze, segnalazioni o comunicazioni è rilasciata immediatamente, anche in via telematica, una ricevuta, che attesta l\'avvenuta presentazione dell\'istanza, della segnalazione e della comunicazione e indica i termini entro i quali l\'amministrazione è tenuta, ove previsto, a rispondere, ovvero entro i quali il silenzio dell\'amministrazione equivale ad accoglimento dell\'istanza. Se la ricevuta contiene le informazioni di cui all\'articolo 8, essa costituisce comunicazione di avvio del procedimento ai sensi dell\'articolo 7. La data di protocollazione dell\'istanza, segnalazione o comunicazione non può comunque essere diversa da quella di effettiva presentazione. Le istanze, segnalazioni o comunicazioni producono effetti anche in caso di mancato rilascio della ricevuta, ferma restando la responsabilità del soggetto competente.\" | From 28 July 2016 every public body must send a receipt for every request they receive. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 5(6) The public access procedure must be completed with the issuance, within thirty days from the date of submittal of the relevant application, of an express and reasoned decree to be sent to the relevant applicant and the opposing parties, if any. If the application is accepted, the administration shall promptly provide the applicant with the data or documents requested, or, in case the application concerns data the publication of which is mandatory pursuant to this decree, shall publish the data, information or documents requested on the website and shall notify the applicant thereof, by also providing the relevant hyperlink. If the application is accepted, despite the opposition of other parties, without prejudice to the cases in which it is demonstrated that the release cannot be postponed, the administration shall notify the opposing party thereof and shall send the data or documents requested to the relevant applicant not earlier than fifteen days from that date of receipt of the notice by the opposing party. If the access application is rejected. postponed or restricted, reasons must be given making reference to the cases and subject to the limits set out in art. 5-bis. hereto. The person responsible for the prevention of corruption and for transparency, may ask information about the results of the applications to the offices of the relevant administration. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | Article 5(6) The public access procedure must be completed with the issuance, within thirty days from the date of submittal of the relevant application, of an express and reasoned decree to be sent to the relevant applicant and the opposing parties, if any. If the application is accepted, the administration shall promptly provide the applicant with the data or documents requested, or, in case the application concerns data the publication of which is mandatory pursuant to this decree, shall publish the data, information or documents requested on the website and shall notify the applicant thereof, by also providing the relevant hyperlink. If the application is accepted, despite the opposition of other parties, without prejudice to the cases in which it is demonstrated that the release cannot be postponed, the administration shall notify the opposing party thereof and shall send the data or documents requested to the relevant applicant not earlier than fifteen days from that date of receipt of the notice by the opposing party. If the access application is rejected. postponed or restricted, reasons must be given making reference to the cases and subject to the limits set out in art. 5-bis. hereto. The person responsible for the prevention of corruption and for transparency, may ask information about the results of the applications to the offices of the relevant administration. | 30 working days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | Article 5(6) The public access procedure must be completed with the issuance, within thirty days from the date of submittal of the relevant application, of an express and reasoned decree to be sent to the relevant applicant and the opposing parties, if any. If the application is accepted, the administration shall promptly provide the applicant with the data or documents requested, or, in case the application concerns data the publication of which is mandatory pursuant to this decree, shall publish the data, information or documents requested on the website and shall notify the applicant thereof, by also providing the relevant hyperlink. If the application is accepted, despite the opposition of other parties, without prejudice to the cases in which it is demonstrated that the release cannot be postponed, the administration shall notify the opposing party thereof and shall send the data or documents requested to the relevant applicant not earlier than fifteen days from that date of receipt of the notice by the opposing party. If the access application is rejected. postponed or restricted, reasons must be given making reference to the cases and subject to the limits set out in art. 5-bis. hereto. The person responsible for the prevention of corruption and for transparency, may ask information about the results of the applications to the offices of the relevant administration. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 5(4) No cost shall be applied to the data or documents released in an electronic format or in hard copy except for the cost actually incurred and duly documented by the administration for reproducing such data and documents on physical devices. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | Article 5(4) No cost shall be applied to the data or documents released in an electronic format or in hard copy except for the cost actually incurred and duly documented by the administration for reproducing such data and documents on physical devices. | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 2 | Article 7(1) The documents, information and data the publication of which is mandatory pursuant to the legislation in force, made available also as a result of the public access referred to in article 5, are published in an open format pursuant to article 68 of the Code of Digital Administration under Legislative Decree n. 82 of 7 March 2005, and can be reused pursuant to Legislative Decree n. 36 of 24 January 2006, Legislative Decree n. 82 of 7 March 2005, and Legislative Decree n. 196 of 30 June 2003, with no restriction other than the obligation to quote the source and to respect its integrity. Article 7-bis (1) The obligations to publish personal data other than sensitive and judicial data referred to in article 4, paragraph 1, letters d) and e), of Legislative Decree n. 196 of 30 June 2003, entail the possibility to disseminate such data through institutional websites, as well as to process them in such a way as to ensure their indexing and traceability through web browsers and their reutilization pursuant to article 7 and in accordance with the principles applicable to the processing of personal data. (2) The publication on the institutional websites, in accordance with this decree, of the data related to the holders of bodies issuing political guidelines, and of offices or tasks of direct cooperation, as well as related to the directors of administrative bodies, is aimed at bringing transparency to the public sector, i.e., something which adds up to the achievement of a goal of significant public interest in accordance with the rules applicable to the protection of personal data. (3) The public administrations may decide to publish on their institutional websites data, information and documents that they are not obliged to publish pursuant to this decree or on the basis of a specific law or regulatory provision, subject to the restrictions set out in art. 5-bis, by making anonymous the personal data, if any, contained therein. (4) Where the law or regulations provide for the publication of acts or documents, the public administrations shall make, with respect to the specific purposes of transparency of the publication, unintelligible any personal data that it is not relevant or, in case of sensitive or judicial data, not essential. (5) The information concerning the performances of anyone in charge of a public function and his/her assessment shall be made accessible by the relevant administration. It is not permitted to publish, except in the cases provided for by the law, information concerning the nature of the diseases and family problems that prevent the relevant employee from going to work, as well as the components of the performance assessment or the information concerning the employment relationship between the aforesaid employee and the administration, which are capable of disclosing any of the data referred to in article 4, paragraph 1, letter d) of Legislative Decree no. 196/2003. (6) The restrictions on the access and dissemination of the information referred to in Article 24, paragraphs 1 and 6, of Law n. 241 of 7 August 1990, as subsequently amended, of all of the data referred to in article 9 of Legislative Decree n. 322 of 6 September 1989, and of those provided for by the EU legislation concerning the protection of statistical confidentiality, and of those which are expressly qualified as confidential by domestic and European regulations on statistics, as well as those relating to the dissemination of data capable of disclosing health and sex life shall be maintained. (7) The Commission referred to in article 27 of Law n. 241 of 7 August 1990, shall continue to operate also after the expiry of the mandate provided for by the legislation currently in force, without any charges for the State budget. (8) The services of aggregation, extraction and massive transmission of documents stored in databases made available on the web, are beyond the scope of this decree. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Article 5-bis.3. The right under art. 5, paragraph 2, is excluded in case of State secrets and in any other case in which the access and disclosure is prohibited by the law, including the cases in which the access is subject to the legislation currently applicable to compliance with specific conditions, modalities or restrictions, including those provided for by art. 24, paragraph 1, of Law n. 241 of 1990. | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Article 5-bis. (1) The public access under art. 5, paragraph 2, is rejected if the denial is necessary to avoid a material damage to the protection of one of the public interests concerning: (a) public order and safety; (b) national safety; (c) defence and military issues; (d) international relationships; (e) the politics and the economic and financial stability of the State; (f) the carrying out of investigations on offences and their prosecution; (g) the smooth conduct of inspection activities. (2) The access under art. 5, paragraph 2, is also rejected if the denial is necessary to protect one of the following private interests and prevent them from being materially prejudiced: (a) personal data protection, in accordance with the applicable legislation; (b) freedom and secrecy of correspondence; (c) commercial and economic interests of individuals or legal entities, including their intellectual property, copyright and trade secrets; [...] | |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 3 | Article 5-bis.1. The public access under art. 5, paragraph 2, is rejected if the denial is necessary to avoid a material damage to the protection of one of the public interests concerning: (a) public order and safety; (b) national safety; (c) defence and military issues; (d) international relationships; (e) the politics and the economic and financial stability of the State; (f) the carrying out of investigations on offences and their prosecution; (g) the smooth conduct of inspection activities. [...] (3) The right under art. 5, paragraph 2, is excluded in case of State secrets and in any other case in which the access and disclosure is prohibited by the law, including the cases in which the access is subject to the legislation currently applicable to compliance with specific conditions, modalities or restrictions, including those provided for by art. 24, paragraph 1, of Law n. 241 of 1990. | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Art. 5-bis (5) The restrictions under paragraphs 1 and 2 shall apply only to the period in which the protection is justified in relation to the nature of the data. Public access cannot be denied if, for protecting the interests under paragraphs 1 and 2, it will suffice to resort to the power of postponement. | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Article 5(5) Without prejudice to the cases of compulsory publication, if the recipient (administration) of the application identifies parties, if any, that may oppose to the publication, pursuant to article 5-bis, paragraph 2, of the law, it shall notify any such party thereof by sending a copy of the application by registered letter with acknowledgment of receipt, or by telematics means to those who have given their consent to this kind of communication. Within ten days from the date of receipt of such notice, said parties may submit, also by telematic means, a reasoned statement of opposition to the access application. From the date on which the notice is sent to the aforesaid parties, the term under paragraph 6 is suspended until an opposition, if any, is received from the latter. Upon expiry of said term, and after having acknowledged receipt of such communication, the public administration shall process the request. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Article 5(4) No cost shall be applied to the data or documents released in an electronic format or in hard copy except for the cost actually incurred and duly documented by the administration for reproducing such data and documents on physical devices. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | Article 5(6) The public access procedure must be completed with the issuance, within thirty days from the date of submittal of the relevant application, of an express and reasoned decree to be sent to the relevant applicant and the opposing parties, if any. If the application is accepted, the administration shall promptly provide the applicant with the data or documents requested, or, in case the application concerns data the publication of which is mandatory pursuant to this decree, shall publish the data, information or documents requested on the website and shall notify the applicant thereof, by also providing the relevant hyperlink. If the application is accepted, despite the opposition of other parties, without prejudice to the cases in which it is demonstrated that the release cannot be postponed, the administration shall notify the opposing party thereof and shall send the data or documents requested to the relevant applicant not earlier than fifteen days from that date of receipt of the notice by the opposing party. If the access application is rejected. postponed or restricted, reasons must be given making reference to the cases and subject to the limits set out in art. 5-bis. hereto. The person responsible for the prevention of corruption and for transparency, may ask information about the results of the applications to the offices of the relevant administration. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. | 20 days. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. Article 8. If the object of the application are acts of the regional administrations or local entities, the applicant may also lodge an appeal with the Ombudsman having territorial jurisdiction, if appointed. If no Ombudsman has been appointed, the case shall be referred to the Ombudsman competent for the immediately higher territorial scope. The appeal shall also be notified to the interested administration. The Ombudsman shall make its decision within thirty days from the date on which the appeal is lodged. If the Ombudsman deems unlawful the rejection or the postponement, it shall inform the applicant and the competent authority thereof. If the latter confirms the rejection or postponement within thirty days form the date of receipt of the Ombudsman\'s notice, the access will be permitted. If the applicant has resorted to the Ombudsman, the term under art. 116, paragraph 1, of the Code of Administrative Proceeding, shall start from the date of receipt by the applicant of the outcome of the application that it has sent to the Ombudsman. If the access is denied or postponed to protect the interests under art. 5-bis, paragraph 2, letter a), the Ombudsman shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall decide within ten days from the request. From the sending date of the notice to the Italian Data Protection Authority, the term within which the Ombudsman can make its decision shall be suspended, to the day on which the opinion of the Data Protection Authority is received and in any case for a period not exceeding the aforesaid ten days. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | No national level appeal system, but local Ombudsman is free. Administrative Court is not free. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | Article 5(7) In the event of a total or partial rejection of the access or if no response is given in relation thereto within the term indicated in paragraph 6 above, the applicant may submit the request for review indicated in art. 43, to the person responsible for the prevention of corruption and for transparency, who will make its decision by issuing a reasoned measure within twenty days. If the access is denied or postponed in order to protect the interests under art. 5-bis, paragraph 2, letter a), the aforesaid person responsible for the prevention of corruption and for transparency shall make its decision, having heard the opinion of the Italian Data Protection Authority, who shall respond within ten days from the date of receipt of the application. From the date on which the notice is sent to the Italian Data Protection Authority, the term within which the person responsible for the prevention of corruption and for transparency has to make its decision, shall be suspended until the opinion of the Data Protection Authority is received or in any case for a period not exceeding the above mentioned ten day period. The applicant may lodge an appeal with the Regional Administrative Court pursuant to art. 116 of the Code of Administrative Proceeding under Legislative Decree n. 104 of 2 July 2010, against the decision taken by the competent administration or, if the applicant has submitted a request for review, against the decision taken by the person responsible for the prevention of corruption and for transparency. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | No national level appeals mechanism, although clear procedures for local Ombudsman. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | N/A | The Administrative Court can impose structural measures. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | Article 47. The non-communication or incomplete communication of the information and data provided by article 14 related to the patrimonial situation of the holder of the duty at the moment of the appointment, the stock detained in companies, his shareholdings and those of his spouse and relatives in the second degree as well as all the compensation related to the appointment, give rise to an administrative sanction from 500 to 10.000 euros and the related decision is published on the website of the administration or body involved. 1-bis. The sanction provided by paragraph 1 is applied also to the manager who not perform the communication provided by article 14 paragraph 1-ter related to the public compensation received, as well as to the responsible for the non-publication of the information provided by the same article. the same sanction is applied to the responsible of the non-publication of the information provided by article 4-bis paragraph 2. (2) The violation of the obligation of publication provided by article 22 paragraph 2, leads to an administrative sanction from 500 to 10.000 euros against the responsible of the violation. The same sanction applies to managers who do not communicate to public shareholders their appointment and the related compensation within 30 days from the appointment, or within 30 days from the perception of the result compensation. (3) The sanctions provided by paragraph 1 are applied by the National Anti-Corruption Authority. The National Anti-Corruption Authority disciplines with regulation, in accordance with the dispositions of Law 24 November 1981, n. 689, the procedure of application of the sanctions. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Article 46(1) Non-compliance with the obligation of publication provided by the legislation in force and the refusal or delay or limitation of the civic access, with exception for the cases provided by article 5-bis, constitutes element of evaluation for managerial responsibility, possible cause of responsibility for damage to the reputation of the administration and are in any case evaluated for the provision of the retribution of result and accessory retribution related to the individual performance of the individuals involved. (2) The responsible is not liable according to paragraph 1 if he proves that the non-compliance was caused by events not attributable to him. | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 43(1) Within all the administrations, the responsible for the prevention of corruption provided by article 1 paragraph 7 of Law 6 November 2012 n. 190, exercises also the functions of the responsible for the transparency, hereinafter "Responsible", and his name is indicated in the Triennial Plan for the prevention of Corruption. The Responsible controls the fulfillment by the administration of the obligations of publication provided by the legislation in force, assuring completeness, clarity, and adjournment of the published information, and he reports about the cases of non-fulfillment or delayed fulfillment of the obligations of publication to Independent Body of Evaluation (OIV), National Anti-Corruption Authority and, in serious cases to the disciplinary office. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 10(1) Each administration shall specify, in a separate section of the Three-Year Plan for the Prevention of Corruption referred to in article 1, paragraph 5 of Law no. 190/2012, the persons responsible for the transmission and publication of the documents, information and data pursuant to this decree. | The Anti-Corruption Authority has authority on transparency both for promotion and surveillance according to its statutes. Here are all the deliberations on transparency here. Also check Action 7 and 8 of the OGP 3rd Action Plan (ANAC defines the exemptions for the FOIA and the obligations for proactive transparency) and Action 13 (Open Government Week which includes promotion of transparency but it is led by the Dipartimento Funzione Pubblica) available here. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 48(1) The National Anti-Corruption Authority defines criteria, models and standard schemes for the organization, codification and representation of the documents, information and data object to mandatory publication in accordance with legislation in force, as well as in relation to the organization of the section "Transparent Administration". (2) Schedule A, which is part of this Decree, identifies models and standard schemes for the organization, codification and representation of documents, information and data object to mandatory publication in accordance with legislation in force. Modification of Schedule A can be executed by decree in accordance with paragraph 3. (3) The standards, models and schemes provided by paragraph 1 are adopted by the National Anti-Corruption Authority, in accordance with the Privacy Authority, the Unified Conference, Agency Italia Digitale and ISTAT. (4) The standards, models and schemes provide by paragraph 3 contain disposition aimed at: (a) assuring coordination of information and informatics coordination of data, for the satisfaction of the exigencies of uniformity of the methods of codification and representation of public information and data, their confrontation and their re-elaboration.; (b) defining, for specific sectors and kind of data, the quality requirements of the information, identifying in particular the necessary adjustments by single administrations with their own regulation, the validation procedures, controls and substitutive controls, professional competencies required for the management of the information disclosed through institutional websites, as well as guarantees and corrections that can be activated by anyone who has an interest. (5) The individual/entities provided by article 2-bis, when fulfilling the obligations of publication provided by legislation in force, must use the standards, models and schemes provided by paragraph 1. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | The reformed Code of Digital Administration (Law 85/2005 amended by D.lgs 179/2016) establishes that \"Le pubbliche amministrazioni pubblicano, ai sensi dell\'articolo 9 del decreto legislativo 14 marzo 2013, n. 33, anche il catalogo dei dati e dei metadati definitivi, nonché delle relative banche dati in loro possesso e i regolamenti che ne disciplinano l\'esercizio della facoltà di accesso telematico e il riutilizzo, fatti salvi i dati presenti in Anagrafe tributaria.\" See: http://www.funzionepubblica.gov.it/sites/funzionepubblica.gov.it/files/dlgs_codice_amministrazione_digitale.pdf | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | Article 10(1) Each administration shall specify, in a separate section of the Three-Year Plan for the Prevention of Corruption referred to in article 1, paragraph 5 of Law no. 190/2012, the persons responsible for the transmission and publication of the documents, information and data pursuant to this decree. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
