ITALY Law and Practice Contributed by: Paolo Balboni, Luca Bolognini, Nicolò Maria Salvi and Davide Baldini, ICT Legal Consulting
that is incompatible with those purposes (“purpose limitation”); • adequate, relevant and limited to what is neces - sary in relation to the purposes for which they are processed (“data minimisation”); • accurate and, where necessary, kept up to date – every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay (“accuracy”); • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed (“storage limitation”); and • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational meas - ures (“integrity and confidentiality”). In addition, the data controller shall be responsible for, and be able to demonstrate compliance with, such Any processing of personal data must be based on at least one of the following legal bases provided for in Article 6 (1) of the GDPR: • the data subject has freely given specific, informed and unambiguous consent to the processing of their personal data; • processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data sub - ject prior to entering into a contract; • processing is necessary for compliance with a legal obligation to which the controller is subject; • processing is necessary in order to protect the vital interests of the data subject or of another natural person; • processing is necessary for the performance of a task carried out in the public interest or in the exer - cise of official authority vested in the controller; or • processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are principles (“accountability”). Lawfulness of Processing
overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data (particularly where the data subject is a child) – in this case, the data con - troller is required to carry out an assessment of the legitimate interest pursued in relation to the rights and freedoms of the data subject by conducting a balancing activity that may possibly be challenged by the supervisory authority or the court. Data Subjects’ Rights Data subjects have certain rights under the GDPR in order to allow them to have continuous and effec - tive control over their personal data. In particular, data subjects have the right to: • request access to their data (by receiving a copy of it) or to all information relating to the processing of their personal data (the purpose of processing, the recipients to whom the data is disclosed, any transfers outside the European Economic Area (EEA), etc); • obtain the rectification of inaccurate or incomplete personal data; • obtain the deletion of their personal data in the cases provided for in Article 17 of the GDPR; • obtain the restriction of processing in the cases provided for in Article 18 of the GDPR; • obtain their personal data in a structured and com - monly used format or to request the transmission of such personal data to another data control - ler, where the legal basis of the processing is the consent of the data subject or the performance of a contract; • object to processing based on legitimate interest or the performance of a task carried out in the public interest or in the exercise of official authority; • not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the subject or • lodge a complaint with a supervisory authority. 1.3 Special Categories of Personal Data Special Categories of Personal Data According to Article 9 of the GDPR, processing of personal data revealing racial or ethnic origin, politi - similarly significantly affects them; • withdraw the consent given; and
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